The Constitutional Court (Mahkamah Konstitusi – MK) rejects petition on Act Number 2 Year 2002 of the Indonesian National Police (UU Polri) and Act of Road Traffic and Vehicles (UU LLAJ). According to the Court, the authority to organize vehicle registration and identification, and driver license issuance is properly given to the Indonesian National Police (Polri) and it doesn’t contrary to the 1945 Constitution.

“Judicial review, adjudicates and declares reject Applicants’ petition in its entirely,” said Chief Justice Arief Hidayat reading Court Verdict Number 89/PUU-XIII/2015.

The verdict announcement session is held on Monday (16/11) at Plenary Room, the Constitutional Court Building. As known, the Indonesian Legal Institute Foundation (Yayasan Lembaga Bantuan Hukum Indonesia –YLBHI), the Board of Muhammadiyah’s Youth Wing (Pengurus Pusat Pemuda Muhammadiyah), et al, file judicial review petition on Acts a quo. In previous sessions, they argued that the police’s authority as regulated in Article 30 (4) doesn’t include authority to organize vehicle registration and identification, and driver license issuance. According to the Applicants, law smuggling has been done by the police by making new tasks that doesn’t cover in the police’s main function, which is police’s function of security and order.

Regarding Applicants’ arguments, the Court assesses such authority is one of the form of important and effective government administrative service to fulfill public demand on security and road traffic order. Moreover, the Court examines that the petition demands doesn’t explain further on which institution shall authorized to organize vehicle registration and identification, as well as to organize driver license issuance.

“Therefore, there will be a legal void which surely triggers legal certainty for public and government administration if Applicants’ petition granted,” said Constitutional Justice Manahan MP Sitompul reading Court’s Consideration.

Improvement is a Must

Moreover, according to the Court, authority transfer of vehicle registration and identification and driver license issuance will not solve the problems, because there is no guarantee that new institution which given such authority will perform better.

“The more important action to do by the police is improving service quality of vehicle registration, vehicle identification, and driver license issuance, particularly preventing outlaw offenses such as alleged offenses that associated with authority abuse and corruptive offense,” explained Sitompul.

On that basis, the Court argues that Applicants’ petition have no legal ground. (Ilham/IR)