Act 15/2006 about Supreme Audit Agency (UU BPK) is being reviewed in Constitutional Court on Tuesday (10/14). An advocate and notary petitioned the lawsuit, namely Ai Latifah Fardhiyah and Riyanti.

In their petition, Plaintiff explained their constitutional rights were harmed by the ruling of Article 28 (d) and Article 28 (e) UU BPK. Article 28 (d) UU BPK says “BPK members are forbidden to occupy dual position in other state institutions and other bodies which concerns about financial management, private and state-owned”. Meanwhile, Article 28 (e) UU BPK says “BPK members are not allowed to be political party members”. Plaintiffs objected that their constitutional rights were harmed to occupy public official mainly as BPK members. “Plaintiffs potentially become BPK members in upcoming future. To be BPK members Law bachelor requirement is bias, not just economy or accounting graduates. This passage is unclear,” Asrun said.

Besides, Asrun said that the ruling of Article 28 (e) UU BPK ignites unclear and discriminative message. According to him, the Plaintiffs are hindered to occupy the position because DPR members, who are selection committees might as well apply for the position. “The Plaintiffs are favor less than the political party members, they are citizens too. This must be interpreted,” he said.

As shown, in this year’s BPK chairs selection. Two out from five candidates are political party members, namely Achsanul Qosasi from Democratic Party and Harry Azhar Azis from Golkar. “The result is bias. The Article must be clear in regulating when he/she must resign from political party members. Hey should resign before take the office,” he said.

In response to the petition, Panel of Justices advised for revisions. Aswanto said that the Plaintiffs must elaborate the ruling of UU BPK to their constitutional disadvantage. “What is the relation between the regulation to your constitutional loss?” he asked.

Justice Arief asked the Plaintiff to find comparison to similar institution in other states primarily to its regulation concerning political party member. (Lulu Anjarsari/mh/kun)