Hukum Acara Pengujian Undang Undang - Dr. Qurrata Ayuni

Summary

This video explains the detailed process of constitutional review in Indonesia's Constitutional Court (Mahkamah Konstitusi). It covers the timeline, including the 14-day correction period for petition shortcomings and the subsequent court hearings. The role of government bodies like the president and parliament in providing testimony is discussed, along with the different types of court decisions such as rejection, acceptance, and conditional rulings. The video also emphasizes the procedural aspects, including closed sessions for deliberation (RPH), and highlights the flexible timeline for cases, which can sometimes take years.

Takeaways

• 😀 The Constitutional Court (Mahkamah Konstitusi, MK) has a 14-day period to address any issues or unclear aspects in the petition, such as specific requests or the nature of the constitutional challenge.
• 😀 The Court holds hearings involving multiple parties, including the petitioners, the President, DPR, DPD, as well as experts and witnesses to provide testimony and evidence for review.
• 😀 The DPR and President do not act as 'respondents' in the judicial review process but provide information, such as meeting minutes or documents, related to the law's creation.
• 😀 The President may delegate authority to ministers or officials to represent him in Constitutional Court proceedings, while the DPR may delegate its members.
• 😀 'RPH' (Rapat Permusyawaratan Hakim) meetings, which are private deliberations among the judges, are crucial for decision-making and are not open to the public.
• 😀 The judicial review process can take anywhere from a few days to several years, depending on the case. However, most reviews typically take 6 to 9 months.
• 😀 The Court can issue different types of decisions: 'Rejected' (no constitutional violation), 'Not accepted' (failure to meet legal standing requirements), or 'Accepted' (the law is found unconstitutional).
• 😀 Conditional constitutionality can be declared, meaning a law is deemed constitutional if specific conditions are met. Similarly, a law can be found conditionally unconstitutional based on certain criteria.
• 😀 If a 'Perpu' (Government Regulation in Lieu of Law) is approved by the DPR and becomes an official law, the review petition for that Perpu becomes invalid as the object of review changes.
• 😀 The Constitutional Court does not judge the lawmakers directly; instead, it reviews the law itself, focusing on whether it violates the Constitution.

Q & A

What is the primary role of the Constitutional Court (Mahkamah Konstitusi) in Indonesia?

The Constitutional Court's primary role is to review laws and regulations to ensure they align with the constitution. It also has the authority to evaluate the constitutionality of government regulations, such as Perpu (Government Regulation in Lieu of Law).

What happens during the initial 14-day period after a petition is submitted to the Constitutional Court?

The petitioners are given 14 days to correct or clarify their petition based on advice from the judges. This can include issues like making the petition more specific or adjusting the request for a legal ruling.

What types of parties are involved in the Constitutional Court hearings?

The hearings involve multiple parties, including the petitioners, the President, the government, the DPR (House of Representatives), the DPD (Regional Representative Council), witnesses, and experts who provide relevant testimony and evidence.

Do the DPR and President play a defensive role in the Constitutional Court proceedings?

No, the DPR and President do not defend the constitutionality of laws during these proceedings. Instead, they are considered related parties and are asked to provide information, such as legislative records or testimonies related to the law being challenged.

Can the President personally attend the Constitutional Court hearings?

No, the President does not necessarily attend personally. The President can delegate authority to ministers, including the Minister of Law and Human Rights, to represent them in the hearings.

What is the significance of the RPH (Rapporteur's Court Hearing) in the Constitutional Court process?

The RPH is a closed session where the judges discuss the case privately and make crucial decisions regarding the case. It is an important part of the decision-making process and is not open to the public.

What are the possible outcomes of a Constitutional Court ruling?

There are several possible outcomes: 1) Rejected (if the petitioner's claims are found not to contradict the constitution), 2) Not Accepted (if the petitioner does not meet legal requirements), 3) Accepted (if the law is deemed unconstitutional), and 4) Conditional rulings (where a law is constitutional or unconstitutional under specific conditions).

What happens if a Perpu (Government Regulation in Lieu of Law) is challenged in the Constitutional Court and then passed as law?

If a Perpu is challenged and later approved by the DPR and becomes a law, the challenge is considered void because the object of the case (the Perpu) no longer exists—it has transformed into a law.

Can a law be ruled as constitutionally valid under certain conditions?

Yes, the Constitutional Court can issue a ruling of 'conditional constitutionality,' where a law is deemed constitutional only if certain conditions are met. These conditions are specified in the court's decision.

How long can the Constitutional Court process take?

The duration of the Constitutional Court process can vary. Some cases may be resolved in a single day, while others, such as the review of the Advocate Law, took up to two years. On average, it may take between 6 to 9 months to reach a decision.