Former MK Interns Challenge Constitutional Court Law on Case Resolution Time Limits

JAKARTA - Two students, Adam Imam Hamdana and Wianda Julita Maharani, have filed a judicial review of the Constitutional Court Law (UU MK) with the MK after interning at the institution. In their petition, Adam and Winda challenge the lack of regulations on time limits for case resolutions at the MK, which they argue contradicts the principle of the rule of law due to the absence of clear boundaries. “We argue that without clear limitations, the phrasing of the aforementioned articles causes legal uncertainty because there is no firm time limit for petitioners, leaving them hanging in full uncertainty about their submitted petition,” said Adam during the preliminary examination hearing on Monday (27/4/2026). “We also argue that the regulation of the aforementioned article is not accompanied by clear transparency. Thus, the lack of such transparency causes ambiguity and confusion for us,” added Adam. “Whether our case will be filed, decided directly, or enter the hearing examination and thereafter,” he continued. In their petition, they are testing the provisions of Part Six, including the phrase “hearing examination” in Law Number 24 of 2003 on the Constitutional Court, as well as the phrase “determination” in Article 48A of Law Number 8 of 2011 and the phrase “decision” in Article 56 of Law Number 24 of 2003. This challenge is brought against the 1945 Constitution of the Republic of Indonesia, specifically Article 1 paragraph (3) on the principle of the rule of law, Article 24 paragraph (1) on independent judicial power, and Article 28D paragraph (1) which guarantees fair legal certainty and equality before the law. The petitioners propose that hearing examinations be limited to a maximum of 30 working days from the preliminary examination. Meanwhile, the issuance of determinations and decisions is requested to be limited to a maximum of 60 working days from the last hearing, with exceptions in certain conditions that must be accompanied by notification of the reasons for the delay to the petitioners. In addition, the petitioners also request that MK decisions be published in the State Gazette of the Republic of Indonesia.