Petitioner Justino Halomoan Sinaga during the judicial review hearing of Article 5 paragraph (1) of Law Number 48 of 2009 on Judicial Power, Monday (14/10). Photo by MKRI/Bayu.

---

Jakarta, MKRI – The Constitutional Court (MK) held another judicial review hearing of Article 5 paragraph (1) of Law Number 48 of 2009 on Judicial Power (Judicial Power Law) on Monday, October 14, 2024, at the Panel Courtroom. Justino Halomoan Sinaga, an entrepreneur, filed Case Number 133/PUU-XXII/2024.

Article 5 paragraph (1) of Law Number 48 of 2009 reads, “Justices and constitutional Justices shall explore, follow, and understand the legal values and sense of justice that live in society.”

During the hearing led by Justice Enny Nurbaningsih, Justino Halomoan Sinaga explained that he filed for the right of refusal in accordance with Article 17 paragraph (5). “I want to be objective here,” he said. Then, he believed that there are ad hoc judges who are a solution to the law in Indonesia.

The Petitioner felt disadvantaged because the article a quo in the phrase law is multi-interpretive. This is because the law a quo is not a theory but an action. “It is impossible for MK judges to study theory; this phrase is still multi-interpretive. The applicant feels that legal values are harmed,” he said.

In the preliminary hearing on Tuesday, October 1, 2024, the Petitioner, who was present without legal counsel, objected to the injustice he had experienced regarding the difference in implementation of two Constitutional Court decisions, namely Decision Number 90/PUU-XXI/2023, which dealt with the age requirement for presidential and vice-presidential candidates, and Decision Number 60/PUU-XXII/2024 which discussed the nomination threshold for regional heads.

“I ask for Your Honor's opinion because in the Constitutional Court Law, there is a mechanism for judicial review of laws. However, Article 5 of the Judicial Power Law explicitly states that justices must understand the values of law and justice in society. So, not only testing but also understanding and following these norms,” the Petitioner said.

In its petitum, the Petitioner asked the Constitutional Court to declare that General Election Commission Decision Number 504 of 2024 on the Determination of Elected Presidential and Vice Presidential Candidate Pairs in the 2024 General Election violates the constitution and formal law, namely Article 10 of Law Number 12 of 2011 on the Formation of Legislation. In addition, the Petitioner also requested that Article 5 paragraph (1) of Law Number 48 of 2009 be reaffirmed to establish a clean, authoritative judiciary and an integrated judicial system to achieve justice for the Indonesian people. (*)

Author: Utami Argawati
Editor: Lulu Anjarsari P.
PR: Raisa Ayuditha Marsaulina

Translator: 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.

 

---