Setback: Myuran Sukumaran and Andrew Chan are seeking the protection of the Indonesian constitution. (Reuters)

A blow has been dealt to challenges lodged by three Australians seeking to have their death penalties ruled illegal under Indonesia's Constitution.

Indonesia's Constitutional Court does not have the power to quash the death sentences faced by the Bali Nine's ringleaders, Andrew Chan and Myuran Sukumaran, or drug mule Scott Rush.

But the drug smugglers hope that an argument that their death penalties are illegal under Indonesia's constitution, which protects the right to life, would help to get their sentences overturned.

The court has quashed that argument, saying it is not legally enabled to consider cases filed by foreigners, a claim disputed by Chan and Sukumaran's lawyer, Todung Mulya Lubis.

"Where you deal with human rights, not simply dealing with citizen rights, foreigners should be allowed to file judiciary review," he said.

Mr Lubis has been given 14 days to prepare stronger arguments.