The Constitutional Court were to review Act No. 19/2003 about State Enterprises (Act on State Enterprises) against the 1945 Constitution pleaded by Mohamad Yusuf Hasibuan and Reiza Aribowo as individual Indonesian citizens, Monday (22/12), at the Constitutional Court Room.

The Petitioners for case No. 58/PUU-VI/2008 explained that Article 1 number 11 and 12, Chapter VII about Restructuring and Privatization consisted of Article 75 to Article 86 of Act on State Enterprises, related to the recent economic condition of the people, it did not allow the Petitioner to consume goods or services produced by the State Enterprises with low price and sustainable by all levels of the people. Therefore, the Petitioner considered articles a quo violated Article 27 paragraph (1), Article 27 paragraph (2), Article 28A, Article 28C paragraph (1), Article 28I paragraph (2), Article 33 paragraph (2), and Article 33 paragraph (3) of the 1945 Constitution.

On the petition, Constitutional Justice Akil Mochtar, in his advice, told the Petitioner to explain in detail what constitutional damage their experience due to the existence of the Act a quo. “Do the Petitioner experience the loss when using the facilities from the enterprises such as electricity and public transportation?” inquired Akil.

Akil also demanded the Petitioners to explain the contradiction between each of the articles pleaded with the articles within the 1945 Constitution. “Is privatization damaged the Petitioners constitutional rights or is it also damaged the related because there are actually certain requirements before an enterprise is to be privatized,” continued Akil.

Meanwhile, Constitutional Justce Arsyad Sanusi advised the Petitioner to use a Legal Counsel for their case in the Constitutional Court in order to make appropriate legal grounds which could explain what constitutional loss they experienced including the explanation of the contradiction between the norms in the Act on State Enterprise and the 1945 Constitution. “We give an opportunity for you (the Petitioner) to improve your petition or to withdraw it,” said Akil before closing the trial. (Wiwik Budi Wasito)

Photo: Doc. MK PR/Denny Feishal

Translated by Yogi Djatnika / MK