Not a Private Legal Entity, OAI Petition Unreceived
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Petition for judicial review of Law No. 8 of 1999 on Consumer Protection filed by an Advocate Indonesia (OAI) with Chairman Virza Roy Hizzal cannot be accepted by the Constitutional Court. "The applicant has no legal status (legal standing) to file the petition a quo," said Chief Justice of the Constitutional Court, Moh. Mahfud MD, Wednesday (25/7) at plenary session of the Constitutional Court in Decision reading No 74/PUU-IX/2011.

Court reasoned, the applicant is not a private legal entity, as they admit in their petition. "Deed of Establishment of the Organization of the Organization of Indonesian Advocates (OAI), dated February 25, 2011 No. 11 made by Ming Miryani, SH, Notary from Bekasi, there is no evidence that the Indonesian Advocate Organization (OAI, Petitioner) is a private legal entity which has the property separately for certain numbers, so the Petitioner's argument that he is a private legal entities are not evident, and therefore the Petitioner did not have legal status (legal standing) as the applicant, "said Court.

Because Petitioner did not have legal standing to appeal, then the Court is Petitioner's petition is considered essential. "To declare the petition is not acceptable," said Mahfud when reading the verdict.

Previously, the applicant test of Article 62 paragraph (1) is related to Article 8 paragraph (1) letters j Consumer Protection Act. According to Petitioner, the provisions are at least in conflict with Article 28C and Article 28D of the 1945 Constitution. "Uncertainty in the article a quo law causes of criminalization," said the Applicant.

Article 62 paragraph (1) Consumer Protection Law reads, "Business actors who violate the provisions referred to in Article 8, Article 9, Article 10, Article 13 paragraph (2), Article 15, Article 17 paragraph (1) letter a, letter b, c, e, paragraph (2) and Article 18 shall be punished with imprisonment of 5 (five) years or a maximum fine of Rp 2,000,000,000.00 (two billion dollars) ". (Dodi / mh/Yazid.tr)


Thursday, July 26, 2012 | 16:30 WIB 142