Justice Foekh Gives Lecture on Procedural Law at IAIN Fattahul Muluk Papua

Constitutional Justice Daniel Yusmic P. Foekh giving a public lecture at the Sharia Faculty of Fattahul Muluk State Islamic Institute Papua, Friday (1/19/2024). Photo by MKRI/Panji.

JAYAPURA (MKRI) — Constitutional Justice Daniel Yusmic P. Foekh gave a public lecture on the Constitutional Court’s (MK) procedural laws at the Sharia Faculty of Fattahul Muluk State Islamic Institute (IAIN) Papua in Jayapura City, Papua Province on Friday, January 19, 2024.

He explained that the judicial power is exercised by the Supreme Court and the Constitutional Court. The Constitutional Court, unlike the Supreme Court, does not have courts under it. Instead, it adjudicates at the first and last instance with final decisions to review laws against the Constitution, decides disputes over the authority of state institutions whose authority is granted by the 1945 Constitution, decides on the dissolution of political parties, and decides disputes over the results of general elections.

“So, there is no other legal measure after the Constitutional Court,” he said after revealing that he had first visited Papua in 1990.

Justice Foekh added that the Court also has an obligation to give a decision on the opinion of the House of Representative (DPR) regarding alleged violations by the president and/or vice president as detailed in the Constitution. However, it has not exercised its authority to dissolve any political party or impeach the president and/or vice president. Nevertheless, there is a procedural law to guide the Court in exercising those two types of authority, so the Court is prepared to examine such petitions any time.

Over time, the Constitutional Court is also authorized to review government regulations in lieu of laws (perppu) and to decide disputes over the results of regional elections (pilkada). He added that copy of the petition should be written in Indonesian and include evidence. He emphasized that litigating in the Constitutional Court is free of charge.

Justice Foekh also said the term “petition”, not “lawsuit” as in civil law, is used for the judicial review cases in the Constitutional Court because the House and the Government as the legislatures are not the petitioner’s adversaries but are informants who give testimonies on the norms being petitioned. Judicial review cases in the Constitutional Court concerns public interests and does not concern contentious interests.

“Petitioners often mistakenly take the Government and the House as adversaries,” he added.

The Court’s decisions are erga omnes, meaning applying to all. Although the petition is filed by an individual or individuals, the validity of the decision is general and affects the law in Indonesia. The Court’s decision is also final and binding since it is pronounced in a public plenary hearing.

IAIN Fattahul Muluk Papua rector Marwan Sileuw thanked the constitutional justice for motivating the students to become future law experts and constitutional justices. The Sharia Faculty dean Moh. Wahib echoed this statement in his remarks.

“We gain insights, and educate the students. Hopefully they can be future constitutional justices in the future,” he said. He added that the constitutional law major is increasingly popular.

Author       : Mimi Kartika
Editor        : Nur R.
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 versions, the Indonesian version will prevail.

Friday, January 19, 2024 | 17:39 WIB 28
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