Hukum Acara Pengujian Undang-undang (2)

Summary

This lecture explains the legal procedure for testing the constitutionality of laws in Indonesia, focusing on the role of the Constitutional Court. It highlights the distinction between a petition and a lawsuit, the types of entities that can become petitioners (such as individuals, legal entities, state institutions, and indigenous communities), and the legal standing required for a petitioner to bring a case. The process involves multiple stages, including initial review and full hearings, with opportunities for petitioners to amend their submissions. Future lectures will address the role of experts and witnesses in constitutional cases.

Takeaways

• 😀 The Indonesian Constitutional Court (Mahkamah Konstitusi) handles constitutional review cases, specifically testing the validity of laws.
• 😀 The process of testing a law's constitutionality is known as 'permohonan' (a petition) and is distinct from lawsuits (gugatan).
• 😀 The parties involved in a constitutional review case are the petitioner (pemohon), the respondent (termonhon), and sometimes, government bodies such as the legislature (DPR) or the president.
• 😀 Petitioners in constitutional review cases can be individual citizens, legal entities, state institutions, or customary law communities.
• 😀 Legal standing (kedudukan hukum) is crucial for petitioners, and they must demonstrate that they are directly affected by the law being challenged.
• 😀 A petitioner must prove that they have constitutional rights or authority that have been or will be harmed by the law in question.
• 😀 There are five key criteria for legal standing: (1) proving they are a citizen, institution, or legal entity, (2) demonstrating a constitutional right, (3) showing actual or potential harm, (4) establishing a causal connection between the law and harm, and (5) showing that the case has practical impact.
• 😀 In cases of constitutional review, government bodies involved in the creation of the law, like the DPR and the president, are called to provide testimony, not to defend the law as defendants.
• 😀 The court process includes a preliminary review, followed by either a panel or a plenary session, depending on the case's importance and involvement of government bodies.
• 😀 The decision process in the Constitutional Court includes evaluating evidence, testimony, and the potential impact on the constitutionality of the law, with the final decision being made in a plenary session.

Q & A

What is the focus of the lecture provided in the transcript?

The focus of the lecture is on the legal procedure for testing the constitutionality of laws (hukum acara pengujian undang-undang) in Indonesia's Constitutional Court (Mahkamah Konstitusi).

What is the main difference between 'permohonan' and 'gugatan' in the context of the Constitutional Court?

'Permohonan' refers to a petition, not a lawsuit. The petitioner in a 'permohonan' is referred to as 'pemohon' and not as a plaintiff or 'penggugat.'

Who can file a petition for judicial review in the Constitutional Court of Indonesia?

Four groups are eligible to file a petition: individual citizens, legal entities (both public and private), state institutions, and customary law communities.

What role do the President and the DPR (Indonesian Parliament) play in a case involving a law review?

The President and the DPR are not defendants in such cases but are considered 'pihak pembentuk undang-undang' (law makers). They are invited to provide testimony and documents but are not treated as parties in the legal dispute.

What are the requirements for an individual to be eligible to file a petition for a law review in the Constitutional Court?

An individual must prove their status as a citizen of Indonesia and demonstrate that they meet the qualitative and legal standing requirements, such as having constitutional rights or powers that are affected by the law in question.

What is 'legal standing' in the context of filing a petition in the Constitutional Court?

Legal standing refers to the petitioner's capacity to demonstrate that they have a legitimate interest or constitutional right that has been or will be harmed by the law or legal provision being challenged.

What are the five key elements that a petitioner must prove to establish their legal standing?

The petitioner must prove: 1) They have constitutional rights or powers, 2) They have suffered or will suffer harm, 3) The harm is caused by the law in question, 4) The harm is potential or actual, and 5) The Court's decision would prevent future harm.

How does the Constitutional Court evaluate the petitions it receives?

The Constitutional Court evaluates petitions in stages. The first stage is a preliminary examination to assess if the petition meets administrative and legal requirements. If necessary, the case proceeds to full hearings, potentially involving testimony from relevant parties such as the President and DPR.

What happens if the petition does not meet the administrative or procedural requirements in the preliminary examination?

If the petition is incomplete or lacking necessary documentation, the Court will advise the petitioner to rectify the deficiencies within 14 days before proceeding with the examination.

What is the significance of 'pihak pembentuk undang-undang' in the context of law reviews?

'Pihak pembentuk undang-undang' refers to the law-making bodies like the DPR and the President, who are invited to provide evidence and testimony in law review cases. They are not treated as defendants but as sources of information or 'witnesses.'