Board of Constitutional Justices is examining petition for the review Act No. 11 of 1969 on Pension for Employee Retirement and Pension for Employeeâs Widow/Widower related to Article 9 paragraph (1) letter a, Tuesday (25 /1).
Jakarta, MKOnline - The Court held a intial session of case number 7/PUU-IX/2011 on the review of Act No. 11 of 1969 on Pension for Employee Retirement and Pension for Employee’s Widow/Widower related Article 9 paragraph (1) letter a, Tuesday (25 / 1) in the Constitutional Court (The Court) building. The case was filed by Widodo Edy Budianto, a civil servant who did not get the pension money after being laid off without merit. Acting as the Chairman of the Panel Judge was Achmad Sodiki (Chairman), with Muhammad Alim and Hamdan Zoelva as members.
The Petitioner stated that Article 9 paragraph (1) letter a of the Act were contrary to Article 27 paragraph (2) of the 1945 Constitution and asked to be annulled. Article 9 paragraph (1) a letter which requested reviewing says, "employees who are dismissed with honor as a public servant is entitled to receive employee pension, if he at the time of dismissal as a public servant has reached the age of at least 50 years and has a working period of at least 20 years. "
Petitioner admitted that when he was dismissed without honor, he turned 50 years old with working period for 24 years. Responding to the request, the Chief Justice, Ahmad Sodiki questioned had the article been canceled, then how to distinguish between employees who are dismissed with honor or not, with the age of 50 years and working period of 50 years. "If it is annulled. This is not simply arranging about laying-off with honor, but also set the age of fifty, at least 50 years or 20 years, "said Sodiki.
Sodiki also stated, the Court was authorized to grant the request concerning pension rights. "This is the only thing we could do, if (I, Sodiki) has to restore your pension money of course I can not. That is not the authority of the Court. The Court does not take care of retirements, paying pension money, no. So focus on the matters relating to that article, it is contrary to the Constitution or not, "he explained.
Similarly, Justice Hamdan Zoelva added that had the article been void, then what the government used as their grounds to pay pension entitlements. "So if you ask for Article 9 paragraph (1) to be announced no longer valid, then on what ground the pension entitlement could be paid should your petition is granted… both for the person who is honorably discharged or not with certain age limit should receive a pension, "said Hamdan Zoelva. (Dwi Nugroho/mh/ydj)
Thursday, January 27, 2011 | 12:36 WIB 315