Chief Justice Suhartoyo delivering the decree on the judicial review of Law No. 48 of 2009 on Judicial Power Thursday (2/29/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) —  In Decree No. 7/PUU-XXII/2024, the Constitutional Court (MK) granted the retraction of a judicial review petition of Law No. 48 of 2009 on Judicial Power, filed by Adoni Y. Tanesab, who had decided to retract the petition after considering the panel’s advice from the preliminary hearing.

“[The Court] grants the retraction of the Petitioner’s petition,” said Chief Justice Suhartoyo at the ruling hearing on Thursday, February 29, 2024 in the plenary courtroom.

The chief justice stated that the Court had received the petition on December 11, 2023. It then held a preliminary hearing on February 1, 2024. However, on February 9, it received a letter from the Petitioner via email, requesting the retraction of the petition on the word “laws” in Article 29 paragraph (1) letter a of the Judiciary Law and its elucidation.

In order to follow up on the letter on the retraction, the Court held a panel hearing to confirm the petition’s retraction on February 19, 2024. The Petitioner’s legal counsel Marthen Boiliu attended the hearing. The Petitioner affirmed that the Petitioner had considered the panel’s advice from the preliminary hearing and decided to retract the petition.

Chief Justice Suhartoyo added that the Petitioner could retract the petition before or during examination in the Constitutional Court, pursuant to Article 35 paragraphs (1) and (2) of the Constitutional Court Law, which reads, “The withdrawal shall result in the a quo petition unable to be re-filed.”

At the justice deliberation meeting (RPH) on February 21, the Court decided that the petition’s retraction was legally grounded and thus the Petitioner cannot re-file the a quo petition.

Also read:

Petitioner Asks Court Decisions That Violate Code of Ethics Be Reviewed 

Petitioner of Judiciary Law Retracts Petition

A student named Adoni Y. Tanesab filed a judicial review petition of Article 29 paragraph (1) letter a of Law No. 48 of 2009 on Judicial Power. He requested the Court to interpret the word “laws” in the article to include Constitutional Court decisions whose examination and decision-making process has been declared in violation of the principles of independence and impartiality in the constitutional justices’ code of ethics and conduct (Sapta Karsa Hutama) based on the decisions of the Constitutional Court Ethics Council (Majelis Kehormatan Mahkamah Konstitusi or MKMK).

At the preliminary hearing on Thursday, February 1, legal counsel Marthen Boiliu asked the Court to declare Article 29 paragraph (1) letter a of Law of the Republic of Indonesia No. 48 of 2009 on Judicial Power and its elucidation; the State Gazette of the Republic of Indonesia of 2009 No. 157; and Supplement to the State Gazette of the Republic of Indonesia No. 5076 that reads, “The Constitutional Court has the authority to adjudicate at the first and last level whose decisions are final for: a. the review of laws against the 1945 Constitution of the Republic of Indonesia” in violation of the 1945 Constitution of the Republic of Indonesia and not legally binding if the word ‘laws’ not be interpreted as “including Constitutional Court decisions whose examination and decision-making process has been declared in violation of the principles of independence and impartiality in the constitutional justices’ code of ethics and conduct (Sapta Karsa Hutama) based on the decisions of the Constitutional Court Ethics Council (Majelis Kehormatan Mahkamah Konstitusi or MKMK).”

The petition was submitted in the aftermath of the Court’s Decision No. 90/PUU-XXI/2023 in which it interpreted Article 169 letter q of the Election Law on the minimum age for presidential and vice-presidential candidates. The Petitioner argued that due to said decision, he cannot file a judicial review petition requesting that the decision be annulled, since the Constitutional Court does not have such authority. 

Author       : Mimi Kartika
Editor        : Nur R.
PR            : Fauzan F.
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.

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