Page:Draft Constitution of the Republic of the United States of Indonesia.djvu/37

 unconstitutional during a civil case or a civil penal case and the Supreme Court takes cognizance of this case for whatever reason, the Supreme Court involves ex officio in its judgement the question whether the declaration of unconstitutionality has been justly made.

2. If a declaration of unconstitutionality as referred to in the preceding paragraph has been made to the detriment of parties, which have no other legal remedy, the parties can make an appeal for cassation because of violation of the law against that declaration to the Supreme Court.

3. The Attorney-General at the Supreme Court and the head of the Public Prosecution of the highest judicial body of that participant territory may ex officio make an appeal for cassation because of violation of the law to the Supreme Court against a final declaration of unconstitutionality as referred to in the first paragraph.

4. A declaration of unconstitutionality of a provision in the constitution of a participant territory made by another court or tribunal than the Supreme Court, not explicitly based on a declaration of unconstitutionality of the same provision by the Supreme Court published in accordance with article 157, needs confirmation by the Supreme Court, before a judgement based thereon can be executed.

The request for confirmation is dealt with in chambers. The request lapses in case the declaration of unconstitutionality is annulled before the consideration is concluded. In case the Supreme Court refuses the confirmation, the Supreme Court annuls the judgement insofar as it contains the declaration of unconstitutionality and decides further as if one of the parties had made an appeal for cassation because of violation of the law.

5. By federal law further provisions, including time limitations can be made concerning the provisions in articles 156, 157 and 158.

The military administration of penal justice is regulated by federal law.

1. The President has the right of pardon for punishments imposed by judicial sentence. He exercises this right after soliciting the advice of the Supreme Court, insofar as the federal law has not designated another court or tribunal for this purpose.

2. If a death sentence has been imposed, the sentence is not executed until the President has had the opportunity to grant pardon in accordance with regulations to be established by federal law.

3. Amnesty is only granted by a federal law or, in virtue of a federal law by the President after soliciting the advice of the Supreme Court.

The judgement on disputes of administrative law is entrusted by the law to courts of tribunals administering justice in civil cases, or to such other organs guaranteeing similar impartiality and reliability to the greatest possible extent.