P-ISSN: 2789-8822, E-ISSN: 2789-8830
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International Journal of Civil Law and Legal Research

2022, Vol. 2, Issue 1, Part A

Questioning the legal standing conception in the formal review at Indonesian constitutional court


Author(s): Zaka Firma Aditya and Abdul Basid Fuadi

Abstract: Not everyone can apply to the Constitutional Court and become a petitioner. The existence of legal interests alone cannot be used as a basis for granting the request. The Court once conveyed the importance of legal standing in formal review in decision 27/PUU-VII/2009 in a ‘direct linkage relationship’. However, in its development, the Court, in many formal review decisions, still considers the existence of this direct linkage. Even in several decisions, the Court gave a judicial order that in the future it must be separated between formal and material review as in the legal considerations of Decision 70/PUU-XVII/2019 and 91/PUU-XVIII/2020. Therefore, further assessment is needed to determine whether all parties, as regulated in Article 51 of the Constitutional Court Law, can directly become applicants in the formal examination at the Constitutional Court. This article will discuss the development of legal standing in the formal review and the opportunity of an individual to become a petitioner in the formal review.

Pages: 43-47 | Views: 258 | Downloads: 225

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How to cite this article:
Zaka Firma Aditya, Abdul Basid Fuadi. Questioning the legal standing conception in the formal review at Indonesian constitutional court. Int J Civ Law Legal Res 2022;2(1):43-47.
International Journal of Civil Law and Legal Research