The Constitutional Court (Mahkamah Konstitusi –MK) holds petition revision session on Act Number 30 Year 2009 of Electricity (Undang-Undang Ketenagalistrikan) on Wednesday afternoon (19/8). Trustee of PLN Workers Union Ahmad Daryono files petition which registered in Case Number 86/PUU-XIII/2015. In the beginning of the session, Applicant’s Attorney Dina Ardiyanti directly delivers to Justice Panel that the Applicant withdraws his petition. The Applicant considers he is not ready with the petition he filed.

“In our petition on preliminary session, we see that there is a lot of revision which should be revised. Within a short time, we feel that we are not ready for conduct perfect revision. We hope that we will prepare better petition after petition withdrawal, although with different Principal Applicant,” said Dina.

Previously, the Applicant considers detrimental by entire contain on Act of Electricity. According to the Applicant, the Act a quo contrary to the 1945 Constitution Preamble, particularly in second paragraph which stated, “And And the moment of rejoicing has arrived in the struggle of the Indonesian independence movement to guide the people safely and well to the gate of the independence of the state of Indonesia which shall be independent, united, sovereign, just and prosperous” (“Dan perjuangan pergerakan kemerdekaan Indonesia telah sampailah kepada saat yang berbahagia dengan selamat sentausa mengantarkan rakyat Indonesia ke depan pintu gerbang kemerdekaan Negara Indonesia, yang merdeka, bersatu, berdaulat, adil, dan makmur.”)

According to the Applicant, the phrase ‘controlled by the State’ (‘dikuasai Negara’) shall be interpreted control by the State in the broad sense, sourced and originated from the conception of Indonesian people’s sovereignty over all source of wealth ‘lands and water and State wealth contained therein’. The meaning also include in the sense of public ownership by their collectively of the resources referred.

The Applicant assesses, the new Act of Electricity –Act Number 30 Year 2009 and the old one –Act Number 20 Year 2002 are established due to foreign intervention. The intervention, among others is from International Monetary Fund (IMF), Asian Development Bank (ADB), and World Bank (WB). According to the Applicant, the intervention could be proved by Letter of Intent (LoI) between the Government with the IMF for economy sector. Thus, according to him, the State is not sovereign in forming Act of Electricity due to foreign intervention.

The Applicant requests the Constitutional Court to declare the Act of Electricity null and void due to foreign intervention. According to the Applicant, the forming of the Act a quo is not sovereign and contrary to the second paragraph of 1945 Constitution’s Preamble. (Nano Tresna Arfana/Prasetyo Adi N)