The Constitutional Court (MK) received a courtesy call from participants the Special Education for Advocate (PKPA) Programme conducted by Perhimpunan Pembela Masyarakat Adat Nusantara, PPMAN) in cooperation with Peradi Pergerakan National Committee, Thursday (9/19/2024). Photo by MKRI/Fauzan.

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JAKARTA (MKRI) — The Constitutional Court (MK) welcomed participants of the training for professional advocates (PKPA) organized by the Association of Defenders of Nusantara Customary Law Community (Perhimpunan Pembela Masyarakat Adat Nusantara, PPMAN) in cooperation with Peradi Pergerakan National Committee on Thursday (9/19). The call is part of the program of Batch 3 of PKPA. Expert Assistant of Constitutional Justice Bisariyadi who receives the call conveys his remarks on the authorities of the Constitutional Court and Law of Constitutional Procedures.

Bisariyadi – or as called Bisar - says that within the legal system, it is important to distinguish between material and formal laws. Material law refers to the substances of the law itself; regulations that define the violational behaviour such as in the Book of Criminal Code (KUHP). The book regulates theft - seizure of others’ property. Meanwhile, formal law is related to the enforcement; the procedures or means of how such violation be tried and brought to justice. “On the other hand, the Book of Civil Codes, for instance, still has traces of colonialism within certain aspects,” Bisar explains.

Bisar reveals that since 2003, MK has had its own procedural law that regulates the procedures of trial ranging from the submission of a lawsuit application up to the court’ ruling. Distinguishable from the procedural law of State Administrative Law (PTUN), MK’ procedural law, however, does not specifically regulate matters on ruling enforcement. Furthermore, Bisar also explained that the authorities of MK cover four key functions: judicial review, state body authorities disputes, election disputes, and dissolution of political parties. Similarly, MK is given one responsibility; to process the impeachment of a President or Vice President. From all the authorities judicial review and election disputes become top submission due to its repetitive nature. 

In a judicial review procedure, Bisar explains three primary elements to consider. One, the parties involved, where petitioner filed their petition towards laws in question. Two, documents necessitated as supporting documents to the petition. Three, the phases along the process, where the government and DPR (House of Representatives) as parties in legislation are also presented to provide information despite they shall not be considered as the confronting parties to the petitioner.

Upon the delivery of the remark, participants visit the Constitutional Historical Centre (Puskon MK) located at 5th-6th floorof the Court building. Participants observe the constitutional history and the history of MK establishment in Indonesia, displayed in an interesting and modern style. Since its establishment, Puskon MK has received frequent visits from both various institutions and the general public. The centre is open to the public and is free of charge.

The courtesy call to MK involved 20 participants from various regions of Indonesia including North Sumatra, Bengkulu, West Sumatra, East Java, Riau, South Sulawesi, West Sulawesi, Banten, Central Kalimantan, East Kalimantan, South Papua, Highland Papua, and East Nusa Tenggara. In the PKPA program, one of the studies lectured is pertaining to the customary law community focusing on the roles of the Constitutional Court.

The main objective of the courtesy call is to provide deeper understanding on the functions and authorities of MK, and simultaneously, provide the knowledge for judicial review submission process in MK. Through the call participants are expected to better understand how MK works, and to implement their knowledge in advocacy practice, particularly related to the judicial review and protection of the customary law community.

Author            : Fauzan F.
Editor             : N. Rosi
Translator      : Sherly Octaviana Sari (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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