6 April 2021

Summary

This lecture provides a comprehensive overview of the constitutional court’s procedural law, focusing on the types and nature of trials, including remote hearings. It covers four main stages: preliminary examination, trial hearing, deliberation among judges (RPH), and decision pronouncement. The speaker explains the specific requirements for each stage, detailing how legal standing and jurisdiction determine the course of cases. Additionally, the lecture highlights the flexibility of remote hearings and the conditions under which they can be conducted. The session concludes with an explanation of how decisions are communicated and finalized in a transparent, legally binding manner.

Takeaways

• 😀 The lecture covers the types and nature of court hearings in the Indonesian Constitutional Court, focusing on various phases of the trial process.
• 😀 The four key types of hearings in the Constitutional Court are: Preliminary Examination, Court Hearing, Judge's Deliberation Meeting (RPH), and the Pronouncement of the Decision.
• 😀 Not all four types of hearings are required in every case. Some cases only need the preliminary examination phase before a decision can be made.
• 😀 A case may be dismissed after the preliminary examination if the petitioner does not have legal standing or if the issue is outside the Constitutional Court’s jurisdiction.
• 😀 Some cases may bypass full hearings and be decided immediately if the legal standing and material of the petition are clear and valid.
• 😀 In certain cases, legal standing may only be determined after the core issues of the case have been reviewed.
• 😀 Preliminary examinations focus on verifying the completeness of the petition, the petitioner’s legal standing, and whether the case falls under the Constitutional Court’s authority.
• 😀 Preliminary examinations may also include checking the necessary legal documents, evidence, and the schedule for the trial.
• 😀 Judge's deliberation meetings (RPH) are closed-door sessions where judges discuss case developments and prepare for issuing decisions.
• 😀 The Court's decision becomes final once pronounced in an open session, and the ruling has legal force immediately after the session ends.

Q & A

What are the four types of trials in the Constitutional Court process?

The four types of trials in the Constitutional Court process are: 1) Preliminary examination, 2) Trial hearing, 3) Judges' deliberation meeting (RPH), and 4) Verdict reading.

What happens in cases where the legal standing of the petitioner is not clear?

In cases where the legal standing of the petitioner is not clear, the case may be decided without going through a full hearing. This decision is made based on the preliminary examination, where it is determined if the petitioner has the legal standing or if the matter falls within the Constitutional Court's jurisdiction.

How does the Constitutional Court handle cases that involve petitions which do not require a full hearing?

For cases that do not require a full hearing, such as those where the petitioner's legal standing is clear or the matter falls within the Court's jurisdiction, the decision can be made based on the preliminary examination without proceeding to a full trial.

What is the role of the preliminary examination in the Constitutional Court process?

The preliminary examination serves to verify the completeness and clarity of the petition, determine if the petitioner has legal standing, and assess whether the matter falls within the jurisdiction of the Constitutional Court. It is a critical step before moving on to the substantive trial.

How does the Constitutional Court conduct a trial when there are multiple petitions with similar issues?

In cases where multiple petitions have similar issues, the Court may consolidate them into a single trial, simplifying the examination of the issues and potentially merging cases that share common grounds.

What is the significance of the Judges' Deliberation Meeting (RPH)?

The Judges' Deliberation Meeting (RPH) is a confidential meeting where the judges discuss and deliberate on the case before delivering the final verdict. It is a closed session and is separate from the public trial hearings.

What does the term 'legal standing' mean in the context of the Constitutional Court?

Legal standing refers to the right of a petitioner to bring a case before the Constitutional Court, based on whether they are personally affected by the issue at hand and whether they have a legitimate interest in the matter being reviewed.

What happens during the verdict reading session in the Constitutional Court?

During the verdict reading session, the Court announces its final decision on the case. This is typically done by the presiding judge, with other judges reading portions of the decision. The verdict is read publicly to ensure transparency.

How does the Constitutional Court handle remote or online hearings?

The Constitutional Court can conduct hearings remotely through video conferencing, especially for preliminary examinations or trial hearings. This is done based on a request from the petitioner or respondent, and the Court follows specific guidelines for such hearings.

What are the requirements for requesting a remote hearing in the Constitutional Court?

To request a remote hearing, the petitioner or respondent must submit a detailed request, including the identities to be examined, the issues to be addressed, the proposed time for the hearing, and any other necessary arrangements, at least five working days before the scheduled hearing.