Skema Pengujian UU terhadap UUD di Mahkamah Konstitusi

Summary

This video explains the process of judicial review in the Indonesian Constitutional Court, specifically the review of laws against the Constitution. It covers the procedural stages, including administrative and substantive requirements for filing a case, the distinction between formal and material review of laws, and the concept of legal standing. Legal standing is vital, as only those directly affected by a law can challenge it. The process ensures that laws are both procedurally valid and align with the Constitution, providing a clear understanding of how the Constitutional Court handles such cases.

Takeaways

• 😀 The discussion focuses on the process of judicial review of laws in relation to the Constitution at the Constitutional Court.
• 😀 The process of constitutional review includes both material and formal tests of laws against the Constitution.
• 😀 Formal testing checks whether the law’s creation process follows legal procedures, such as quorum requirements during approval by the legislature.
• 😀 Material testing assesses whether the substance of the law contradicts the Constitution, particularly which articles of the Constitution are violated.
• 😀 In the Constitutional Court, there is no respondent in cases of law review—only witnesses such as the President and the Parliament are called to testify.
• 😀 Legal standing is crucial for a petition to be accepted. Not everyone can file a petition; the petitioner must be directly affected by the law in question.
• 😀 Legal standing is a requirement that proves the petitioner has a legitimate interest in challenging the law, as seen in the example of Machica Mochtar’s case.
• 😀 A petition filed by a person not directly affected by the law (e.g., for personal or political reasons) will be rejected.
• 😀 The review process at the Constitutional Court involves multiple stages: initial filing, administrative checks, and discussions among judges before reaching a ruling.
• 😀 The review process includes the analysis of both the procedural (formal) and substantive (material) aspects of the law, forming a complete test of its constitutionality.

Q & A

What is the primary focus of the script?

The primary focus of the script is explaining the process of judicial review of laws in Indonesia's Constitutional Court, specifically the review of laws against the Indonesian Constitution (UUD 1945).

What are the two main types of legal reviews discussed in the script?

The two main types of legal reviews are material testing, which evaluates the substance of the law, and formal testing, which assesses whether the law was enacted according to legal procedural requirements.

What is meant by 'legal standing' in the context of judicial review?

Legal standing refers to the requirement that a petitioner must be directly affected by the law in question in order to have the right to file a judicial review petition.

What are the requirements for a petition to be accepted by the Constitutional Court?

The petition must meet two requirements: administrative requirements (such as identity documents) and substantive requirements (including the petition itself and the legal standing of the petitioner).

How is the completeness of a petition verified in the Constitutional Court?

Once a petition is submitted, the court's registry office (fanitra) verifies its completeness. If any documents are missing, the petitioner is given a chance to complete the necessary paperwork.

What happens once the petition is deemed complete by the Constitutional Court?

Once the petition is complete, it enters the Book of Constitutional Case Registration (BRPK) and is examined in a preliminary meeting. It then proceeds to a plenary session for final approval.

What distinguishes the judicial review process from other types of court cases in Indonesia?

Unlike other cases, such as disputes between state institutions or political party dissolutions, judicial reviews do not have a 'respondent.' Instead, the Constitutional Court calls on witnesses, including the President and the DPR (Indonesian Parliament), regarding the law being challenged.

Can non-Indonesian citizens file for judicial review in the Constitutional Court?

No, only Indonesian citizens are eligible to file for judicial review in the Constitutional Court.

Can anyone challenge a law in the Constitutional Court, even if they are not directly affected by it?

No, only individuals or organizations that are directly impacted by the law in question have legal standing to file a petition for judicial review.

What is an example of a case where legal standing was granted, as discussed in the script?

An example provided in the script is the case of Machica Mochtar, who successfully challenged a marriage law because her child, born out of wedlock, was denied legal rights due to the law. Her direct impact from the law granted her legal standing.