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Demmy Pattikawa as Principal Applicant is interviewed by the media after petition revision session on Act of State Administrative Courts (Undang-Undang Peradilan Tata Usaha Negara –UU PTUN), on Monday (10/8) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

The Constitutional Court (Mahkamah Konstitusi –MK) holds petition revision session on Act Number 5 Year 1986 of State Administrative Courts (Undang-Undang Peradilan Tata Usaha Negara –UU PTUN), on Monday afternoon (10/6). Applicant Demmy Pattikawa presents at the session accompanied by his son Hendri Pattikawa as Applicant’s Attorney.

Hendri says he has revised his petition under the input of Justice Panel. He also claims has revised several writing errors on petition points.

In his petitum, the Applicant requests to the Court to declare Article 55 Act of State Administrative Courts contrary to the 1945 Constitution and has no legal binding if it is not interpreted that lawsuits still able to be filed over the time limit (90 days) if negligence of filing lawsuit is not from the plaintiff.

“I request to Your Excellency Justice Panel of the Constitutional Court to give constitutional interpretation of Article 55 Act of State Administrative Courts Number 5 Year 1986, in order the Article a quo interpreted as ‘State administrative lawsuit is not limited by 90 days from the receipt or announcement of agency’s or state administrative official’s decision if the failure to file lawsuit is not conducted by the plaintiff,” requested Hendri to Justice Panel led by Constitutional Justice Suhartoyo.

Regarding the writing errors in petition points, the Applicant changes the phrase ‘by people entitled’ (‘oleh yang berhak’) to ‘by competent authority’ (‘oleh pejabat yang berwenang’). “We have revised the phrase to be ‘layoff letter is not signed by competent authority, which is Mr. Martono Sudoro as Head of Cirebon Pertamina Unit. That is the revision, Your Excellency,” said Hendri.

Responding the revision, Constitutional Justice Suhartoyo says Justice Panel will deliver the revision to the Justice’s Consultative Meeting (Rapat Permusyawaratan Hakim –RPH). “So, the revision will be adjudicated by Plenary Justices, whether your petition is considered to be brought to Plenary Session or it cannot be preceded. It depends on the decision of the Justice’s Consultative Meeting. The time of decision will be informed later,” said Suhartoyo.

As known, Denny Pattikawa is a former Pertamina employee. He is dismissed by his company in 1983. However, he considers his layoff letter –Cirebon Pertamina Unit Decree Number kpts-042/D3000/83-B1 (Surat Keputusan Pimpinan Unit PT. Pertamina (Persero) Cirebon No. kpts-042/D3000/83-B1) is not signed by competent authority and without any apparent reason.

The Applicant already conducts amicable resolution by sending letter to PT. Pertamina, but he never gets decent answer. Recently, he struggles for his rights by filing state administrative lawsuit to his former company, because PT. Pertamina is a state-owned enterprise in the past. According to him, layoff matter is including in employment dispute.

During his layoff, the Applicant cannot defend his rights because human rights are neglected in the past. According to him, there are no ordinary people who boldly able to against Government’s decision, in this case PT. Pertamina. The Applicant assesses the layoff letter is contrary to Article 28H (2) the 1945 Constitution.

However, the Applicant hinders by the provision on Article 55 Act of State Administrative Courts. He considers detrimental by the article referred, because regulation on filing lawsuit period has hindered his legal attempt. Article 55 Act Number 5 Year 1986 states, “Lawsuit shall be filed within 90 days from the receipt or announcement of State Administrative Agency’s or State Administrative Official’s decision.” (“Gugatan dapat diajukan hanya dalam tenggang waktu sembilan puluh hari terhitung sejak saat diterimanya atau diumumkannya Keputusan Badan atau Pejabat Tata Usaha Negara.” ).  (Nano Tresna Arfana/Prasetyo Adi N)  

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