Constitutional Court (MK) held another revision trial concerning of Article 44 verse (4) and Article 54 Act 30/2009 (Electricity Act) Judicial Review. Ibnu Khoidin, revised his pleading by adding pole reference, namely Article 28C verse (1), Article 28G verse (1), Article 28I verse (1), and Article 33 verse (3) 1945 Constitution.  

According to the Plaintiff, norms determined in the Article 44 verse (4) of Electricity Act is discriminative for him as the consumer, because, both wealthy and poor consumers are subject to pay Feasible Operational Certification (SLO).   

It arouses disadvantage and opposes Article 28I verse (2) 1945 Constitution, in which says “Every person deserves to be freed from discriminative treat for any reason and is protected from discriminative treat.”

 In the Electricity Act, every operated installation obliged to own SLO, otherwise such installation will be fined. “As long as the article 44 verse (4) takes palce, without such certification, the Plaintiff may be sentenced as Article 54 verse (1) of Electricity Act ruled,” Ibnu said.

As known, Article 44 ayat (4) Electricity Act says:

“Every operated electric installation obliged to own Feasible Operational Certification.”

 Article 54 Electricity Act says:

(1) Every person who operates electric installation without having SLO as determined in Article 44 verse (4) will be sentenced for 5-year maximum imprisonment or will be fined at highest Rp 500.000.000,00 (Five Hundred Million Rupiahs).

 (2)Every people who produces, published, or sell electricity tools which don’t meet Indonesian National Standard as determined in Article 44 verse (5) will be sentenced for 5-year maximum imprisonment or will be fined at highest Rp 5.000.000.000,00 (Five billion Rupiahs)

Therefore the Plaintiffs demand for annulment of a quo Articles. (Aditya Rizki/Hanifah/mh)