MK states the Judicial Review on Act 20/2009 about Decoration Title and Badge of Honor and Act 15/2012 about Veterans of RI dismissed after the Applicants passed away on Wednesday, (7/5)

 “The Court has decided, The Plea will be dismissed” said Head of MK, Hamdan Zoelva recited the decision accompanied by another eight Judges in the MK plenary Session Room, Monday (19/5)

Before considering about legal basic and points of the pleading, MK had considered the Applicant condition. “As informed by the Applicant’s son, Toto Trihamtoro with a mail dated May 7^th 2014, in which stating that the Applicant had passed away on Wednesday May 7^th 2014. Regarding the situation the plea has to be dismissed because the Applicant has passed away”, Wahiddudin Adams said.   

Beforehand, The Applicant named Kasmono Hadi, reviewed Article 1 (4), Article 4 verse (1), and Article 9 Act of Title, Decoration, and Badge of Honor, and Article 1 (1) Act of Veteran.

The Judicial Review, registered on number 37/PUU-XII/2014, was just entering its first hearing session on last April 28^th 2014. In the opportunity, the Applicant, who was a former Students Troop of TNI 17^TH Brigade and has received Bintang Gerilya badge, saw gaffe on the Act.    

In the Article 1 Act 33/1964 mentions that Hero is (a) Indonesian who dies in heroic occurrence which has the value and quality that can be regarded as the act of country-serving circumstance. And (b) Indonesian who is still graced after he/she involved in the act of country-serving heroic circumstance.

Meanwhile, Article 1 verse (4) Act 20/2009 says:

“National Hero is a title given to Indonesian or someone who has fought over the occupants in-nowadays area called Republic of Indonesia, who has died for the good of his/her nation and country”

In other words, Act 33/1964 says that hero may still alive or has died, while Act 20/2009 says hero is the one who has died only. The settlement was viewed to disregard alive Veterans, that is why the Applicant urged MK to do the Judicial Review on the mentioned Acts.(Lulu Hanifah/mh)