Expert assistant to constitutional justice Mery Christian Putri speaking to the Tangerang Branch of the Indonesian Law Students Association, Monday (7/31/2023). Photo by Humas/Hamdi.

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JAKARTA (MKRI) — The Tangerang branch of the Indonesian Law Students Association (Permahi) visited Constitutional Court (MK) on Monday, July 31, 2023. They were welcomed by expert assistant to constitutional justice Mery Christian Putri in the Court’s main hall.

In her presentation, Mery said that by protecting human rights, the Constitution is providing protection to the citizens’ constitutional rights, because the constitutional rights of citizens are the derivation of the human rights in the 1945 Constitution.

In exercising this authority, Mery continued, the Constitutional Court is certainly limited by legal principles. In the context of judicial review, every norm that is petitioned to the Constitutional Court must first be considered constitutional. The Court’s decisions are binding for the entire community, not only one person but all elements in Indonesia.

Mery also explained that anyone can petition a norm that has been petitioned as long as the petition has different arguments or has different legal standing. “If the legal standing is the same, it is allowed, as long as it has different arguments. The causality [between the norm petitioned and the constitutional rights] must also be narrated in such a way with different arguments,” she explained.

In a judicial review case, Mery said, there are conditions that must be fulfilled, one of which is the presumption of constitutional loss. “The presumption of constitutional loss must be explained in a judicial review petition to support the petitioner’s legal standing: first, the petitioner’s constitutional rights as regulated in the 1945 Constitution; second, the constitutional rights allegedly violated by the norm to be reviewed; third, the constitutional impairment may be factual or potential,” Mery explained.

Author       : Utami Argawati
Editor        : Nur R.
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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