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Applicant’s Attorneys Muhammad Ainul Yaqin and Erwin Natosmal Oemar deliver petition points at judicial review session on Act of Road Traffic and Road Vehicles, on Wednesday (19/8) at Panel Session Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

The Constitutional Court (Mahkamah Konstitusi –MK) holds petition revision session on Act Number 2 Year 2002 of the Indonesian National Police (Undang-Undang Kepolisian Negara Republik Indonesia –UU Polri) and Act Number 22 Year 2009 of Road Traffic and Road Vehicles (Undang-Undang Lalu Lintas Angkutan Jalan Raya –UU LLAJR), on Wednesday afternoon (19/8). The Applicant through their Attorney Muhammad Ainul Yaqin and Erwin Natosmal Oemar deliver petition revisions to Justice Panel.

In the beginning of the session, Yaqin initially delivers information regarding attorney changing. According to him, three Applicant’s Attorneys resign and there is the addition of two new attorneys in the petition.

“Two new attorneys are I, Muhammad Ainul Yaqin, and Ali Akbar Tanjung. Meanwhile, the attorneys resigned are Erna Ratnaningsih, Ridwan Bakar, and Donald Faris,” said Yaqin, one of the Applicant’s Attorney in Case Number 89/PUU-XIII/2015. 

Yaqin claims the Applicant has conducted petition revision regarding petition points and Applicant’s legal standing. According to Yaqin, the Applicant removes Article 72 (1) and (3) Act of Road Traffic and Road Vehicles from petition object, as advised by Justice Panel on previous session. The Applicant also removed the petitum regarding Article 72 (1) and (3) Act a quo.

The next revision is regarding Applicant’s legal standing. The Applicant conducts revision by elaborating their legal standing with their constitutional losses. For example is the constitutional loss suffered by one of the Applicants Hari Kurniawan. He as disable person has tried several time in driver license test for type D license which particularly for disable person, however he never get his driver license. “Until now, he is not allowed to get driver license type D under various reasons,” said Applicant’s Attorney Erwin Natosmal Oemar

Constitutional Justice Patrialis Akbar gives response on Applicant’s revision, particularly regarding Indonesian National Police’s (Kepolisian Negara Republik Indonesia –POLRI) authority in conducting vehicle registration, identification and driver license issuance. “Are the police conducting those tasks based on legislation? Or is it based on their willingness? Applicant’s petition is not for review an institution by practicality. However, we willing to see constitutional problems,” said Patrialis.

As known, the Applicants are Alissa Q. Munawaroh Rahman (Applicant I), Hari Kurniawan (Applicant II), Malang Corruption Watch represented by Board Chairman Lutfi J. Kurniawan (Applicant III), the Indonesian Legal Institute Foundation (Yayasan Lembaga Bantuan Hukum Indonesia –YLBH) represented by Board Chairman Alvon Kurnia Palma (Applicant IV), and Board of Muhammadiyah’s Youth Wing (Pengurus Pusat Pemuda Muhammadiyah) represented by its head Dahnil Anzhar. Their petition is registered in Case Number 89/PUU-XIII/2015.

The Applicant reviews Article 15 (2) letter b and c Act of the Indonesian National Police and Article 64 (4) and (6), Article 67 (3), Article 68 (6), Article 69 (2) and (3), Article 72 (1) and (3), Article 75, Article 85 (5), Article 87 (2), and Article 88 Act of Road Traffic and Vehicles. Basically, the provisions aforementioned are regarding the authority of the Polri to conduct vehicles registration and identification and to issue driver license (Surat Izin Mengemudi –SIM).

According to the Applicant, the Polri is a state instrument which maintains security and public order, enforces law and in charge of protecting, and serving the public, as stipulated in Article 30 (4) the 1945 Constitution. The Applicant assesses Polri’s authority in issuing driver license is not a part of their task, which is maintain security and public order. The Applicant argues, the authority to issue, manage, and execute shall not in the same institution.

“Regarding driver license issuance, we assess it is not a part of maintaining security and public order. In good government administration, the authority to issue, manage, and execute shall not in the same institution,” said Julius Ibrani accompanied by Applicant’s Attorney Erwin Natosmal Oemar on preliminary session (6/8).

The Applicant also says historically the authority to issue driver license, vehicles registration and identification are not granted to the police. They say that in the past, the authority aforementioned is granted to regional head. Whereas, the authority of driver license issuance in several countries is conducted by transportation department or ministry. Thus, the Applicant concludes the regulation on Polri’s functions and tasks in Act of the Indonesian National Police is contrary to Article 30 (4) the 1945 Constitution. (Nano Tresna Arfana/Prasetyo Adi N)

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