THE SUPREME COURT IS REQUIRED TO POSTPONE A JUDICIAL REVIEW IF A LAW EXAMINATION IS BEING PROCESSED IN THE CONSTITUTIONAL COURT

The Constitutional Court (MK) decided to grant the petition for judicial review of Law Number 24 of 2003 concerning the Constitutional Court (CC Law). The Court declared the request for review of Article 55 of the Constitutional Court Law regarding the termination of the process of reviewing the law as conditionally unconstitutional. Decision Number 93/PUU-XV/2017 was read out by Deputy Chief Justice of the Constitutional Court Anwar Usman and other constitutional judges in a hearing to pronounce the decision on Tuesday (20/3).

“Declaring Article 55 of the Constitutional Court as amended by Law Number 8 of 2011 concerning Amendments to Law Number 24 of 2003 concerning the Constitutional Court, which states, “The review of laws and regulations under the law which the Supreme Court is carrying out must be stopped if the law, which is the basis for reviewing said regulation, is in the process of being reviewed by the Constitutional Court until there is a decision by the Constitutional Court,” as long as the word “terminated” is declared contrary to the 1945 Constitution and does not have binding legal force, as long as it is not interpreted as “testing of statutory regulations under a law that the Supreme Court is carrying out, its examination is postponed if the law that is the basis for reviewing the regulation is in the process of being reviewed by the Constitutional Court until there is a Constitutional Court decision,” said Anwar.

Source: Constitutional Court Website (www.mkri.id).

Best regards,

Fredrik J. Pinakunary