Constitutional Justice Daniel Yusmic P. Foekh speaking about the judicial review of government regulations in lieu of laws at UIN Sunan Ampel (UINSA), Friday (5/5/2023). Photo by Humas MK/Panji.

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(MKRI) — Constitutional Justice Daniel Yusmic P. Foekh talked about the judicial review of government regulations in lieu of laws (perppus) in the Constitutional Court (MK) before the students and faculty members of the Sunan Ampel State Islamic University (UINSA) of Surabaya on Friday, May 5, 2023. He said since Decision No. 138/PUU-VII/2009, no perppu has not been discussed in haste, at least in the House (DPR) after the Court’s decision.

He explained that the norms in a perppu is directed for compelling crisis situations. In Indonesia, it is serves to return a crisis situation to normal. Once it is approved by the House to become a law, the norms become permanent. Then what is its impact? Justice Foekh invited the academics affiliated with the Center for Constitutional and Legislation Studies of the Syaria and Law Facutly of UINSA to study this in depth to answer this question.

In this seminar on “The Dynamics of the Perppu in Indonesia’s Administration System,” Justice Foekh discussed emergency constitutional law doctrine known as constitutional dualism, as proposed by John Ferejohn and Pasquale Pasquino. It dictates two legal systems, one for normal situations, which protects rights and freedoms during emergency situations.

“In Indonesia, when an emergency regulation is made, it must be when the House or the people’s representatives not be able to convene in a session. In addition, before a perppu is issued, the president will meet with relevant House commissions,” Justice Foekh said.

Next, he talked about constitutional law classification in an emergency: objective, subjective, written, and unwritten emergency constitutional law. Out of the four, Indonesia is subject to the subjective constitutional law. He also showed the participants the list of the Court’s perppus in 2009 to 2022. He said the Court has granted and rejected judicial review petitions on perppus, while dismissed others.

Justice Foekh concluded his presentation with questions about the Court’s future challenge of interpreting “compelling crisis situation” in the case of the perppu. It begs the question of what should be done if the House does not approve a perppu while the Court believes there is a compelling crisis situation. The Court also has the challenge of whether it is authorized to review the substance of a perppu. Do the mechanism and stages of the judicial review of the perppu as an emergency regulation can be equated with that of laws that apply during normal situations? Should there be a deadline for it?

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

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

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