Constitutional Justice Wahiduddin Adams speaking at UIN Law Fair VI, Friday (3/17/2023) at Harun Nasution Auditorium, UIN Syarif Hidayatullah Jakarta. Photo by MKRI/Wengky.

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Friday, March 17, 2023 | 22:03 WIB

(MKRI) — Indonesian citizens, customary law communities, private and public legal entities, and state institutions can file a petition to the Constitutional Court (MK), said Constitutional Justice Wahiduddin Adams at UIN Law Fair VI di Harun Nasution Auditorium , UIN Syarif Hidayatullah Jakarta on Friday, March 17, 2023.

UIN Law Fair is an annual competition for law students organized by the Law Study Program of the Sharia and Law Faculty of UIN (State Islamic University) Syarif Hidayatullah Jakarta. The theme for this year’s fair was “New Directions for the Enforcement of Constitution and Democracy amidst Global Instability.”

Justice Wahiduddin explained that petitioners and respondent may be accompanied or represented by legal counsels, while private and public legal entities may be accompanied by legal counsels or appoint a proxy. The legal counsels do not have to be advocates but must be familiar with the Court’s procedural laws and able to assist the litigants after submitting a letter to the Court. This is to facilitate access to justice for those who cannot afford advocates.

He also explained that litigating in the Constitutional Court is unlike doing so in general courts or other courts. “Why? Because there are differences in litigating in the Constitutional Court that relate to the Court’s authority,” he said.

He asserted that in order to file a judicial review petition of laws against the Constitution, the petitioner must meet the requirements for constitutional impairment over the rights granted by the 1945 Constitution due to the enactment of said laws.

He also explained the format of a judicial review petition: the petitioner’s profile, the Court’s authority, the petitioner’s legal standing, the posita, and the petitum. Filing a petition may be done in person or online.

Justice Wahiduddin then explained the Court’s proceedings: a panel preliminary examination hearing, presided over by three justices, who are obligated to provide advice to improve the petition. It is followed by a petition revision hearing with the same panel. If the case continues, it will advance to the plenary examination hearings, where the justices hear the testimonies of the Government, the MPR (People’s Consultative Assembly), DPR (House of Representatives), other institutions, witnesses, relevant parties, and experts. Then the case concludes with a ruling hearing.

The Constitutional Court’s decisions are erga omnes, meaning they apply not only to the petitioners but to all citizens and the law in Indonesia. They are also final and binding, meaning it cannot be appealed.

The Court can rule a law conditionally constitutional, meaning the norm is declared constitutional if interpreted following the Court’s interpretation. In contrast, it can be ruled conditionally unconstitutional.

Author       : Utami Argawati
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 3/20/2023 11:27 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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