Court annuls judicial review filed against own power

The Constitutional Court turned down Tuesday a judicial review filed against laws governing the Supreme Court’s and its own judicial power, citing a lack of authority.

“… If the court reviews the requested articles, then it will have to review (several articles) in (the Constitution)… the articles in the Constitutions are made by choice of the lawmakers and the court does not have the authority to judge their choices,” presiding judge Mahfud MD told a Constitutional Court hearing.

The authority to amend the Constitution rests with the People’s Consultative Assembly (MPR).

In September last year, plaintiffs filed for a judicial review request on several contentious articles in the 2004 Law on Judicial Power, which regulates the authority of the Supreme Court to review products of law (article 11) and the authority of the Constitutional Court to review laws (article 12).

The petitioners, including House of Representatives lawmaker Hakim Sorimuda Pohan, also requested reviews of the 2004 Law on Supreme Court and the 2003 Law on Constitutional Court. They insisted that the laws overlapped as they gave the same authority to two different institutions, thus creating legal uncertainty.

“… The Supreme Court’s judicial power as given by the Constitution… will never materializes if the Constitutional Court use its authority (to do judicial reviews on laws),” the plaintiffs said in their petition.