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Court’s Registrar Kasianur Sidauruk delivers verdict copy to Applicant’s Attorney at verdict announcement session on Act of the Audit Board (Undang-Undang Badan Pemeriksa Keuangan –UU BPK), at Wednesday (4/11) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

The Constitutional Court rejects petition concerning dual position prohibition for Audit Board staffs. Constitutional Justice Arief Hidayat declares the verdict of Case Number 106/PUU-XII/2014 at verdict announcement session on Wednesday (4/11), at Plenary Room,the Constitutional Court Building.

As known, Ai Latifah Fardhiyah and Riyanti file the petition on Act Number 15 Year 2006 of the Audit Board (Undang-Undang Badan Pemeriksa Keuangan –UU BPK).

“Declares reject Applicants’ petition in its entirely,” said Hidayat accompanied by other Constitutional Justices.

In Court’s Consideration, the Court assesses Article 28 Act a quo which prohibits Audit Board staffs having dual position doesn’t cause constitutional problem. The Court argues the provision is appropriate because such prohibition could improve staffs’ independency.

“However, the Audit Board prioritizes integrity, capacity, and leadership, because serving as Audit Board staffs is the rights of qualified citizens, rather than the quota of particular institution or particular people,” said Wahiduddin Adams.

The Applicants are an advocate and a notary. They concern on provision that prohibit Audit Board staffs having dual position in other institutions or political parties, as stipulated in Article 28 letter d and e Act a quo. The Applicants consider harmed or potentially harmed by the provision, because they cannot served as public officers, in this case is served as Audit Board staff, in the future.

The Applicants consider that the provision stated in Article 28 letter d and e Act a quo is ambiguous and the elucidation of the Article only stated ‘clear enough’. However, the phrase ‘other institutions…’ (‘lembaga negara yang lain..’) in Article 28 letter d causes obscurity, so it potentially leads to legal uncertainty and injustice for the Applicants when they participate in Audit Board recruitment. (Lulu Anjarsari/IR/Prasetyo Adi N)

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