The Constitutional Court (MK) held a hearing on judicial review of Insurance Act filed by four Joint Life Insurance policy holders Bumiputera (AJB Bumiputera) 1912, Tuesday (21/5) at the Plenary Meeting Room, 2nd Floor. This session was listening opening statement the government represented by Mulabasa Hutabarat as the Secretary of Fiscal Policy. 

In a statement, the Government asked the Court to reject the petition of the applicant or at least declare the petition cannot be accepted. Because the government considers that the Petitioner did not have legal standing to apply Testing Insurance Act. The government considers the applicant is not at all harmed by the running of Insurance Act. The government also asked the Court to declare the Insurance Act does not conflict with the 1945 Constitution.

In his explanation, the Government, said by Mulabasa, Petitioner assumption about Joint Venture cannot be a Limited Company is wrong. Mulabasa ensure the insurance company has good financial health, its mutual process will not reduce benefits or benefits that would not be detrimental to the interests of policyholders, and in this case the applicant does not harm policyholders as AJB Bumiputera 1912.

Previously Petitioner through its attorneys, Zairin states cannot change the status of the joint venture because of the philosophical aspects of the business establishment in accordance with mutual AJB Bumiputera 1912 different limited company in general. The petitioners argued that the joint venture was set up for the mutual welfare of its members, policyholders. Meanwhile, the Limited Liability Company is for the benefit of investors or shareholders alone.

Furthermore, Zairin said Article 7 paragraph (3) the requested unconstitutional otherwise not be interpreted to include all the preset time limit legislation quo by the Applicant as Applicant saw quo article does not specify the duration of the legislation. Zairin added arguments in the petition that Act 12/2011, it requires all the legislation it must include an executive regulations.

"Then we are also here to say that it can be said that for 21 years, it is already a legal vacuum associated with the insurance business in the form of joint venture, even though the government issued rules last legislation regulated by PMK No. 53/PMK/2012. I guess this is related to the input of the Assembly at the first session saying that to fully understand the provisions of Article 7 (3) should also read the explanation. Until now the PP as well not exist. In fact, that is issued PMK (Regulation of the Minister of Finance) No. 53 of 2012. I guess this is the repeal-PMK PMK before, so last in this, Your Honor," said Zairin in the previous trial, Monday (22/4). (Yusti Nurul Agustin / mh)