Constitutional Justice Daniel Yusmic P. Foekh speaking at a training for professional advocates (PKPA) Batch VIII at Binus Kijang Campus, Jakarta, Saturday (5/6/2023). Photo by Humas MK/Panji.

---

JAKARTA (MKRI) — Constitutional Justice Daniel Yusmic P. Foekh delivered a presentation on “The Constitutional Court’s Procedural Laws” at a training for professional advocates (PKPA) Batch VIII in collaboration with the West Jakarta branch executive board (DPC) of the Association of Indonesian Advocates (Peradi) and Bina Nusantara (Binus) University on Saturday, May 6, 2023. The event took place both online and on site.

Before around 200 participants, Justice Foekh said that prior to the amendment to the 1945 Constitution, the Supreme Court (MA) was on the top position of the judiciary. After the amendment, the Constitutional Court (MK) emerged in parallel to the Supreme Court as a judicial institution. Its authority is enshrined in Article 24 paragraph (2) of the 1945 Constitution, then further in Constitutional Court regulations (PMKs), i.e. to adjudicate laws against the 1945 Constitution, to settle authority disputes between state institutions, to decide the dissolution of political parties, and to settle disputes over general election results. The Court has also been granted additional authority to resolve disputes over the results of regional elections and to review government regulations in lieu of laws (perppu).

The general aspects of the Court’s procedural laws, Justice Foekh explained, are petition filing, evidence, hearings, and decision. The petition is written in Indonesian and must follow certain requirements. Meanwhile, the filing is free of charge. The evidence could be letter or text, witness testimony, expert testimony, testimony of litigating party, and other pieces of evidence that may be stored electronically. The proceedings consist of a panel preliminary hearing, a panel petition revision hearing, followed by plenary examination hearings with all nine justices or at least seven justices.

Justice Foekh explained that the Court adjudicates cases at the first and last level with decisions that are final. These decisions have permanent legal force since their pronouncement at a plenary hearing that is open to the public, pursuant to Article 47 of the Constitutional Court Law. The litigants can even read the decision on the Court’s website fifteen minutes after it is pronounced.

The Court can review both laws and government regulations in lieu of laws (perppu) formall and/or materially. A formal judicial review should be filed within 45 days after the law is promulgated in the State Gazette and the Court should decide it within 60 workdays since the case is registered. Meanwhile, material judicial review concerns the content of articles, paragraphs, or part of laws that are deemed in conflict with the 1945 Constitution.

Justice Foekh also said the term “petition”, not “lawsuit,” is used for the judicial review cases in the Constitutional Court because it concerns public interests and not relates to contentious interests. As such, the House of Representatives (DPR) the Government, and the DPD (Regional Representatives Council) are not the petitioner’s adversaries but are informants who give testimonies on the norms being petitioned.

Author       : Utami Argawati
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.

---