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A disable man Kusbandono becomes Applicant’s Witness at judicial review session on Act of Road Traffic and Road Vehicles (Undang-Undang Lalu Lintas dan Angkutan Jalan –UU LLAJ), on Wednesday (16/9), at Plenary Room, the Constitutional Court Building. Photo PR/Ifa

 

 

 

The Constitutional Court (Mahkamah Konstitusi –MK) holds further judicial review session on Act Number 2 Year 2002 of the Indonesian National Police (Undang-Undang Polri) and Act Number 22 Year 2009 of Road Traffic and Road Vehicles (Undang-Undang Lalu Lintas dan Angkutan Jalan –UU LLAJ), on Wednesday afternoon (16/9), at Plenary Room, the Constitutional Court Building. The Applicant summons a disable man Kusbandono at the session.  

Kusbandono delivers testimony regarding his experience in getting driver license (Surat Izin Mengemudi –SIM) in Tuban Regency Police (Polres Kabupaten Tuban). He says the police reject him when he applies for special driver license for disable; D-type license. “Their reasons are no application submitted for D-type license in Tuban Regency Police and no technical guidance of D-type license,” said Kusbandono to Justice Panel led by Chief Justice Arief Hidayat.

He further says his friends in Jember are able to apply for D-type license. Based on his experience, he who rides modified tricycle is never get traffic ticket (tilang) and never hit pedestrian. “In fact, I often get hit by other drivers,” said Kusbandono.

After hearing testimony, Constitutional Justice Suhartoyo asks the Polri about the rejection. “Is the different treatment (towards Kusbandono, ed.) is based on lack of regulation or based on authorized doctors’ consideration which assess physical condition?” said Suhartoyo.

Meanwhile Constitutional Justice I Dewa Gede Palguna also asks the Polri to explain their policies which applied for disable person. “Please explain whether or not Polri’s policies treat disable differently, including on modified vehicles which used by disable,” Palguna added.

Plenary Head Arief Hidayat asks the Polri as Related Party to provide written answers regarding Justice Panel questions. “We request Related Party to provide answers in writing. The answers could be delivered verbally on the next session,” asked him.

Hidayat also asks the Applicant that four Applicant’s experts deliver testimony verbally and the rest delivers testimony in writing. The next session will be held on Thursday, October 1, 2015.

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.

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. (Nano Tresna Arfana/IR/Prasetyo Adi N)

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