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Jakarta Post

Justices restore court’s power

  • Ina Parlina

    The Jakarta Post

Jakarta   /   Wed, October 19 2011   /  08:10 am

The Constitutional Court revived its authority on Tuesday after annulling the latest additions in the newly revised law that had limited its powers of judicial review.

The court annulled 16 clauses in 10 articles from the 2011 Constitutional Court Law on Tuesday, including a controversial article that had stripped its authority to issue ultra petita verdicts — those that are beyond requests in a review case.

“If it concerns public interests, Constitutional Court justices should not only be fixated on a petition,” justice Akil Mochtar said during the hearing, adding that ultra petita was commonly used by constitutional courts in many countries.

He added that the argument claiming the bench had abused its power by delivering an ultra petita ruling was wrong.

“Institution of constitutional review, first born in the United States in 1803, was beyond what...