Public Relations FH-USU: On Saturday (15/10/2022)
The Constitutional Law Student Association (PERMATA), together with the Moot Court Community (KPS) of the Faculty of Law, Universitas Sumatera Utara, held an offline seminar at the Moot Court Building of the Faculty of Law, Universitas Sumatera Utara. This seminar raised the theme "Design of the Authority of the Constitutional Court in Testing Government Regulations in Lieu of Laws." This activity began with a welcoming speech by the Dean of the Faculty of Law, USU, Dr. Mahmul Siregar S.H., M.Hum. Furthermore, the seminar was guided by Ariel Sinaga S.H. as the moderator, an alumnus of the Faculty of Law, Universitas Sumatera Utara. This seminar invited a resource person, one of the constitutional judges, Dr. Daniel Yusmic Pancastaki Foekh S.H., M.H.
Dr. Daniel Yusmic S.H., M.H. stated that the Constitutional Court has additional authority to test Perpu and Pilkada Disputes until a special body is formed. Since the Constitutional Court Decision Number 138/PUU-VIII/2009, the Constitutional Court has never issued a decision granting or rejecting a request for a Perpu review. Requests for a Perpu review are generally declared unacceptable because the Perpu has been approved or not approved by the DPR. Based on the Constitutional Court Decision Number 138/PUU-VII/2009, a Perpu is needed if there is a situation, namely an urgent need to resolve a legal problem quickly based on the Law, the required Law does not yet exist so that there is a legal vacuum, or there is a Law. Still, it is inadequate, and the legal vacuum cannot be overcome by making a Law through the usual procedure because it will take a long time while the urgent situation requires certainty to be resolved," said Dr. Daniel Yusmic S.H., M.Hum.
According to Dr. Daniel Yusmic S.H., M,H., since 2009 - 2021, there have been 29 Perpu reviews at the Constitutional Court. This is a form of developing the authority held by the Constitutional Court. "As of May 17, 2021, the Constitutional Court has registered and decided on the judicial review of the Perpu in 29 cases. The form of the decision is that most of them cannot be accepted, are withdrawn, and some have been dropped," explained Dr. Daniel Yusmic S.H., M.H. More clearly related to this Perpu, Dr. Daniel Yusmic S.H., M.H quoted several expert opinions, such as the opinions of Jimly Asshiddiqie, Maria Farida Indrati, and Bagir Manan as well as the Constitutional Court's Decision, which formulated the definition of compelling urgency.
In this discussion session, questions and answers arose between participants and speakers regarding the seminar "Design of the Authority of the Constitutional Court in the Testing of Government Regulations in Lieu of Laws." Even in the seminar, one of the Lecturers in Constitutional Law, Faculty of Law, Universitas Sumatera Utara, Armansyah S.H., M.Hum, responded to the results. "There is no need for the judicial review of the Perpu to fall within the authority of the Constitutional Court because in a short time the Perpu will become a Law or be revoked so that it can be in vain".
The seminar was closed with the presentation of a plaque by Dr. Mahmul Siregar S.H., M.Hum as Dean of the Faculty of Law, Universitas Sumatera Utara, and also Yosua Sitanggang as Chairman of the Constitutional Law Association of the Faculty of Law, Universitas Sumatera Utara. Also present in this seminar were the Dean of the Faculty of Law, Nommensen, the Association of Constitutional Law and State Administrative Law Lecturers, the Alumni Association of the Faculty of Law, Universitas Sumatera Utara, and others.