WNI yang bisa melakukan JUDICIAL REVIEW

Summary

This transcript discusses the constitutional rights of Indonesian citizens, specifically regarding the judicial review process in the Constitutional Court. It explains the criteria for individuals or organizations to challenge laws that they believe violate the Constitution, as outlined in Law No. 24/2003. The script highlights who has the standing to initiate a judicial review, including individuals, legal entities, and state institutions. It further elaborates on the requirements for proving constitutional harm and the legal precedents that define these criteria, emphasizing the need for specific, actual, or potential harm to the petitioner's constitutional rights.

Takeaways

• 😀 Every citizen has rights, but some rights can only be exercised under certain conditions.
• 😀 If a constitutional right is violated, citizens can request a judicial review at the Constitutional Court.
• 😀 Not all citizens are automatically allowed to challenge laws in the Constitutional Court; there are requirements that must be met.
• 😀 Article 51, paragraph 1 of Law No. 24 of 2003 about the Constitutional Court outlines the criteria for submitting a judicial review of laws.
• 😀 To request a law review, a citizen must believe their constitutional rights, granted by the 1945 Constitution, are harmed by the law in question.
• 😀 Eligible applicants include individual citizens, indigenous communities (if still relevant), legal entities (public or private), and state institutions.
• 😀 There are specific criteria for having legal standing in a constitutional law review, as outlined in various Constitutional Court decisions.
• 😀 The Constitutional Court’s decisions have emphasized that the applicant must be harmed by the law and that this harm must be specific, actual, or potentially foreseeable.
• 😀 The applicant must prove a causal link between the harm suffered and the law being challenged.
• 😀 There must be a possibility that the harm claimed will not occur or will be resolved if the constitutional review is accepted.