GENERAL CHAIRMAN OF THE SURABAYA NATIONAL SPORTS COUNCIL FILES A JUDICIAL REVIEW AGAINST THE NATIONAL SPORTS SYSTEM LAW

The Constitutional Court conducted the hearing for judicial review of Law No. 3 Year 2005 regarding the National Sports System (the National Sports System Law) against the 1945 Constitution, (Monday, 26/11) with the day’s agenda of Preliminary Examination.

      Case No. 27/PUU-V/2007 was filed by Saleh Ismail Mukadar, S.H., the General Chairman of Surabaya Municipality National Sports Council concurrently serving as the Chairman of Commission E of the Regional House of Representatives (DPRD) of East Java Province, with his Attorney-in-Fact, Muhammad Sholeh, S.H. Cs., from the Anti-Discrimination Team of Advocates.

      The Petitioner claimed that the a quo Law, particularly Article 40 which spells out a provision which reads, “Administrators of the national sports council, provincial sports council, regency/municipality sports council shall be independent and shall not be bound by the activities of structural position and public position” is contrary to the Petitioner’s constitutional rights granted by Article 28D Paragraph (1) and Article 28I Paragraph (2) of the 1945 Constitution. The provisions have prevented the Petitioner from serving as the General Chairman of the Surabaya National Sports Council and at concurrently serving as the Chairman of Commission E of East Java DPRD.

      The Petitioner also regards the a quo law as extremely discriminatory since it prohibits public officials from actively participating in promoting sports by becoming administrators of the sports council (KONI). On the other hand, however, becoming administrators of sport branches is not prohibited by public officials. The Petitioner provided some examples, namely when Sutiyoso was still the Governor of the Special Capital Region of Jakarta while concurrently serving as the General Chairman of the Badminton Association of Indonesia, and also the East Java Indonesian Pencak Silat Association which was led by the Regional Secretary of East Java Province while pencak silat as a sport branch remains under KONI.

      In his petitum read by his Attorney-in-Fact, the Petitioner requested the Panel of Constitutional Court Justices to grant the Petitioner’s petition in its entirety and to declare Article 40 of the National Sport System Law as contradictory to Article 28D Paragraph (1) and Article 28I Paragraph (2) of the 1945 Constitution as well as to declare the substance of Article 40 of the National Sport System Law as not having any binding legal force.

      With respect to the elucidation above, Constitutional Court Justice Maruarar Siahaan, S.H. asked the Petitioner to further elaborate in detail the definition of discriminatory intended by the Petitioner. “It is necessary for the Petitioner to further elaborate so that it will be clear which one is being discriminated: the people or the positions,” Maruarar stated.

      Meanwhile, the Chief Justice of the Panel of Justices, H. Achmad Roestandi, S.H. asked the Petitioner to also revise his petition by including the clarification whether the officials referred to by the Petitioner, such as Sutiyoso, was inaugurated prior to or subsequent to the ratification of this National Sport System Law.

      Prior to knocking the hammer to signal the end of the hearing, Roestandi gave a maximum period of 14 days to the Petitioner to submit the revision of his petition. (Ardli Nuryadi/Wiwik Budi Wasito)

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  Majelis Sidang Panel yang di ketuai oleh Hakim Konstitusi Enny Nurbaningsih. Foto Humas/Fauzan