Applicant’s Attorney Muhammad Fadrian Hadi Sutianto delivers revision points at judicial review session on Act of Electricity, on Monday (12/10) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

The Constitutional Court (Mahkamah Konstitusi –MK) holds revision session on Act Number 30 Year 2009 of Electricity (Undang-Undang Ketenagalistrikan) on Monday (12/10), at Plenary Room, the Constitutional Court Building. The Applicants are Adri and Eko Sumantri as Chairman and Secretary General of PLN Workers Union. They review Article 10 (2), Article 16 (1), Article 33 (1), Article 34 (5), and Article 56 (2) Act of Electricity.

The Applicants deliver petition revision at the session. Regarding petition points, they assert that Article 10 (2) and Article 56 (2) Act of Electricity contrary to Article 1 (3) and Article 33 (2) the 1945 Constitution. “There is distribution provision of electricity supply business for public interest stated in Article 10 (2) and Article 56 (2) Act of Electricity which cause the PLN no longer be the sole holder of electricity business. The PLN becomes part of companies who able to conduct electricity supply business for public interest,” explained Applicant’s Attorney Muhammad Fadrian Hadi Sutianto.

Sutianto also says there is an Article addition, which is Article 11 (1) Act of Electricity. The Applicants assesses the phrase ‘private business entities, cooperatives, and public who conduct electricity business’ (‘badan usaha swasta, koperasi dan swadaya masyarakat yang berusaha di bidang tenaga listrik’) in Article 11 (1) Act a quo contrary to Article 18A (2) and Article 33 (2) the 1945 Constitution. According to the Applicants, such provision has provided opportunity for private business entities, cooperatives, and public to conduct electricity business, where the PLN as state-owned enterprise is the only party entitled to do so.    

“Meanwhile, electricity is the basic need that shall be fulfilled because it involves greater good needs. Thus, only state-owned enterprise able to conduct electricity business for public interest, in this case is the PLN,” Sutianto asserted.

The Applicant argues Article 10 (2), Article 33 (1), Article 34 (5), Article 56 (2) Act of Electricity cause private sectors, either national company, multinational company, or individuals, able to control public needs. The Applicant further says that the State could possibly