Constitutional Court handing down a decree on the judicial review of the Election Law, Tuesday (7/30/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held a ruling hearing on Tuesday, July 30, 2024, to pronounce a decree to dismiss case No. 51/PUU-XXII/2024 since the Petitioner had not attended the preliminary hearing despite having been officially and properly summonsed.

“[The Court] stipulates, declares the Petitioner’s petition dismissed,” said Chief Justice Suhartoyo alongside the other eight constitutional justices in the plenary courtroom.

He explained that the Court scheduled a preliminary hearing for July 8, 2024, with the agenda to listen to the Petitioner’s petition. The Court’s summons staff had sent a summons letter and informed that the Petitioner could attend the hearing online by submitting a request to the Court in advance. The Petitioner submitted a request for an online hearing in an email dated July 5, 2024.

Through its summons staff, the Court had sent the online hearing link to the Petitioner. The summons staff confirmed the Petitioner’s attendance, but the Petitioner's/legal counsel’s phone could not be reached. Subsequently, the Panel of Justices opened the preliminary hearing and called the Petitioner to enter the courtroom, but the Petitioner was absent.

At a justice deliberation meeting on July 10, the constitutional justices concluded that the Petitioner’s absence at the preliminary hearing indicated his unseriousness in filing the petition.

Also read: Petitioner of Constitutional Court and Election Laws Absent from Hearing

The Petitioner challenged the Constitutional Court Law and the Election Law, but he was absent from the preliminary hearing on Monday, July 8, 2024. The panel of justices waited for him for a while after opening the hearing, but he failed to show up.

“Although the Petitioner has been summonsed legitimately and appropriately within the timeframe as regulated in the Constitutional Court Regulation, he has not appeared nor has he notified the Court [of his potential absence],” said panel chair Constitutional Justice Asrul Sani in the plenary courtroom.

The case was filed by Dr. Demas Brian Wicaksono, S.H., M.H., a lecturer who has given power of attorney to advocates and legal consultants at the Oase Law Firm. In the petition, he questions the lack of regulation on restriction against constitutional justices presiding over hearings on violation of the code of ethics and conduct by constitutional justices decided by the Constitutional Court Ethics Council (MKMK) in Article 28 paragraph (1) of the Constitutional Court Law and its elucidation. 

Author            : Mimi Kartika
Editor             : Nur R.
PR                 : Raisa Ayuditha Marsaulina
Translator      : Intana Selvira Fauzi/Rizky Kurnia Chaesario (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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