Constitutional Justice Daniel Yusmic P. Foekh delivering a presentation at a training for professional advocates (PKPA) by the West Jakarta Association of Indonesian Advocates (Peradi) and Bhayangkara Jakarta Raya University, Sunday (7/16/2023). Photo by MKRI/M. Nur.

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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 Bhayangkara Jakarta Raya University on Sunday, July 16, 2023. The event took place both on site and virtually in Jakarta.

Justice Foekh started his presentation by explaining the Constitutional Court’s position in Indonesia’s administration. Long before the Reformation in 1998, he said, there was a hierarchy to state institutions. It was only in the Reform period that a revolution occurred relating to the structure of state institutions, which then are in an equal position. No institutions are responsible to the highest institution anymore. Instead, they synergize between one another with the mechanism of checks and balances. This includes the Constitutional Court, whose establishment in 2003 is stipulated in Article 24C paragraphs (1) and (2) of the 1945 Constitution.

Next, Justice Foekh discussed general aspects of litigating in the Constitutional Court, starting from filing a petition, the format of a petition, evidence to be submitted by the litigants to support their case, the implementation of the hearings, and the stages of hearings until the pronouncement of the decision. He also explained why it is important that prospective advocates understand the Court’s procedural laws to assist justice seekers in fighting for their constitutional rights that are violated by legal norms.

“The Constitutional Court proceedings consist of a preliminary examination hearing with a panel of three constitutional justices and plenary hearings presided over by at least seven constitutional justices. Every hearing in the Constitutional Court is open to public, except for the justice deliberation meeting (RPH). [This] is the Court’s effort to approach and facilitate the litigants. [Filing] petition and even hearings can be conducted remotely. This is in accordance with the Constitutional Court Regulation No. 1 of 2021 on Remote Hearing,” Justice Foekh said.

He then discussed the Court’s decisions, which are final and obtain permanent legal force since it is pronounced in a plenary hearing that is open to the public, as stated in Article 47 of the Constitutional Court Law. In addition, they are erga omnes. This means that although a decision is requested by certain individuals, it is binding on all citizens and affects legal politics in Indonesia.

There are several types of verdict that the Court hands down. It can rule that a Law is inadmissible, rejected; or granted either in part or in whole. It can also rule a Law conditionally constitutional as it did Decision No. 10/PUU-VI/2008 or conditionally unconstitutional as it did in Decision No. 4/PUU-VII/2009. It could also postpone the validity of a decision as it did in Decision No. 016/PUU-IV/2006, or even formulate a new norm, as it did in Decision No. 102/PUU-VII/2009.

Justice Foekh also urged the prospective advocates to ask questions, express objections, and give inputs and constructive criticism to the Court’s implementation of its authorities. At the end of the event, the university conferred a plaque as a token of appreciation for the insights the justice had imparted to all of the participants.

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

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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