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The Panel of Constitutional Court (MK) Justices declared the petition for judicial review of Law No. 3 Year 2004 concerning Amendments of Law No. 23 Year 1999 regarding Bank Indonesia (BI Law) cannot be accepted (niet ojnvankelijk verklaard). Constitutional Justice Prof. Abdul Mukhtie Fadjar, SH., MS. pronounced the decision, in a hearing chaired by the Chief Justice of the Constitutional Court Prof. Dr. Jimly Asshidiqie, SH. on Tuesday (29/5) in the court room of the Constitutional Court.

The Panel of Justices deemed that although the Petitioner’s rights was correctly argued as a constitutional right, such constitutional right has not been impaired by the coming into effect of the BI Law petitioned for review and, it does not have any relevance to the qualification of the Petitioner as a cooperative. This is due to the fact that the articles petitioned for review by the Petitioner have no connections whatsoever to the Petitioner’s legal interests and constitutional right. Therefore, the Petitioner does not have the legal standing to file the petition.

Previously, the Petitioner of the review, the Cooperative for the Provision of Occupation for 100 Million Youths Project (RH-100-GM), kindly requested the Panel of Justices to declare Article 4 Paragraph (1) and Paragraph (2), Article 11 Paragraph (4), Article 62 Paragraph (3), and Article 77A of the BI Law regarding the Government’s obligation to cover capital inadequacy of Bank Indonesia, the article regarding the central bank’s independence, the article regarding currency, the article regarding Bank Indonesia’s status as a central bank, as contradictory to the 1945 Constitution.

Petition Withdrawn

On the same occasion, the Panel of Constitutional Justices also read out the stipulation concerning the withdrawal of the petition for review of Law No. 16 Year 2004 regarding the Public Prosecutor’s Office of the Republic of Indonesia.

According to the Petitioner’s attorney, Yusri H. Palammai, the petition was withdrawn due to the fact that the Petitioner, H. Wahyudi, SH., who is also the general chairperson of the Indonesia Unite NGO, deemed himself not having a strong legal standing to file a petition for a judicial review of the Public Prosecutor’s Office Law. The Petitioner came to this conclusion after receiving feedback and advice from the Panel of Constitutional Justices in a pre-trial some time ago.

With the withdrawal of the petition, the Panel of Justices decided that the Petitioner can no longer file a petition for review on the same law. (ardli/tiur)

Tuesday, May 29, 2007 | 18:51 WIB 279
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