Judicial review of Law No. 21 Year 2011 on the Financial Services Authority held by the Constitutional Court ( MK ) on Monday ( 7/4 ) at the Plenary Court . The second trial in the case with a number 25/PUU-XIII/2014 is headed by Ahmad Fadlil Sumadi.
In the trial, Petitioner, represented by its legal counsel Ahmad Suryono explained it has made improvements to the petition on the advice of the constitutional judges in the previous trial . Applicant fix the articles being applied . " The applicant also requested that the FSA was abolished throughout the Act , " he said .
The applicant also requested the deletion list and add some proof of evidence . However , the applicant retains the demands ( petition ) provision FSA to suspend operations until there is a court ruling that ordered the Bank Indonesia took over temporarily . In addition , the Applicant also ordered the State Audit Agency conducted an audit , analysis , and in-depth research to the FSA .
In his petition , Petitioner argued that their constitutional rights violated by the enactment of Article 1 paragraph 1 , Article 5 , Article 6 , Article 7 , Article 37 , Article 55 , Article 64 , Article 65 , and Article 66 of Law No. 21 of 2011 on the Financial Services Authority . As a tax payer , Petitioner felt FSA has exceeded the scope of authority of the authority possessed by Bank Indonesia as the central bank. Basically financial services authority by the Applicant only has the authority to establish rules related supervisory bank financial institutions pursuant to Article 34 paragraph 1 of Law of Bank Indonesia . This causes the FSA authority in supervising non-bank financial institutions and other financial services is not valid because the article does not regulate it.
For this reason, in his petition , Petitioner asks the Court stated Financial Services Authority Law, particularly Article 1 paragraph 1 , Article 5 , and Article 37 contrary to the 1945 Constitution . However , if the Court will not grant the request , they asked for the phrase " duty regulation and supervision in the banking sector " in Article 6 , Article 7 , Article 55 , Article 64 , Article 65 , and Article 66 of Law abolished. ( Lulu Anjarsari / mh )
Monday, April 07, 2014 | 22:01 WIB 137