MK finally has decided that judicial review application on Act (UU) 30/2009 of Electricity Power (Case 106/PUU-XI/2013) pleaded by Ahmad Daryoko and Hamdani can’t be accepted.   

“Verdict says the application can’t be accepted” Hamdan Zoelva, Head of MK said, on verdict session Wednesday (14/5).

Based on Article 22 Verse (1) and Article 23 Verse (1) letter F, National Union Confederation’s (KSN) Constitution, to represent KSN is the Central Committee (DPP), at least consisting of President, Vice President, General Secretary, and General Treasury. While Ahmad Daryoko, as President of KSN and Hamdani as KSN’s General Secretary can’t be recognized as DPP representatives as it has been regulated.  On that standing MK views both persons have no legal basic to represent KSN to plead.

As known before, in pre-hearing session, The Applicants plead that Act 30/2009 contains unbundling matters which oppose Article 33 Verse (2) of 1945’s Constitutional Act. MK’s verdict number 149/PUU-VII/2009, on Applicants’ view, acknowledges that the mentioned act may lead to unbundling condition.   

On Applicants’ view, the matter shows that the Act has double standard. In one side nods to unbundling which may lead to liberalization and PLN monopoly. While, the other side says acknowledgement over restricted tariffs which declines unbundling practice. (Nano Tresna Arfana/mh)