Ai Latifah Fardhiyah as attorney of the Petitioner submitting the principal of the petition revision for the judicial review of the Law on Government Administration on Tuesday (17/10) in the Courtroom of the Constitutional Court Building. Photo by Humas MK/Ganie.

The hearing of petition revision for the judicial review of Law No. 30/2014 on Government Administration (UU AP) was held by the Constitutional Court (MK) on Tuesday (17/10) afternoon. The Petitioner was represented by his legal counsel, Ai Latifah Fardhiyah. 

In the petition revision hearing, the Petitioner explained the revisions made. One of the revisions is related to the legal standing of the Petitioner. 

"Regarding the Petitioner’s legal standing, Your Honor. The Petitioner of the judicial review is an individual Indonesian citizen named Richard Christoforus Massa, in his capacity as President Director of PT Nusantara Ragawisata in accordance with the company\'s articles of association, representing PT Nusantara Ragawisata, a private legal entity," Ai said before Constitutional Court Justice M.P. Sitompul as chairman of the hearing. 

Then, Ai Latifah disclosed the Petitioner\'s constitutional damage, which is the absence of access to justice in a positive fictitious lawsuit case at the Denpasar State Administrative Court (PTUN), as regulated in Article 28D paragraph (1). 

"By being denied an opportunity to request a material judicial review in order to participate in the lawsuit in Denpasar PTUN a quo, the Petitioner of the material judicial review has lost his right to obtain the right to the recognition, guarantee, protection, and fair legal certainty, as well as equal treatment before the law," Ai said. 

In addition, Ai asserted that the Petitioner should have been given space to defend himself against the allegations, as stated in the a quo positive fictional petition. The Petitioner has faced a lawsuit related to the assets of PT Nusantara Ragawisata, especially land won by PT Nusantara Ragawisata. "The court ruled that SHGB (right-to-build certificate) No. 74 and No. 72 belong to PT Nusantara Ragawisata," said Ai. 

Case No. 77/PUU-XV/2017 was filed by Richard Christoforus Massa, President Director of PT Nusantara Ragawisata since 2003. The Petitioner requested a review against Article 53 paragraph (5) of Law No. 30/2014 which reads, "The court shall decide upon the petition as referred to in paragraph (4) no later than 21 (twenty one) working days after the petition is filed."

The Petitioner argues that he has faced a lawsuit related to the assets of PT Nusantara Ragawisata, especially the SHGB of land asset No. No. 74/Ungasan and SHGB No. 72/Ungasan won by PT Nusantara Ragawisata with court decisions deciding SHGB of land No. 74/Ungasan and SHGB No. 72/Ungasan belonging to PT Nusantara Ragawisata. If Denpasar PTUN that examined the positive fictitious appeal would give the Petitioner a chance to be heard as Intervening Defendant II, then Richard Christoforus as President Director of PT Nusantara Ragawisata will provide an explanation regarding the legal standing of the two lands. However, Denpasar PTUN denied him an opportunity to file a positive fictitious a quo petition since Article 53 of the UUPA does not regulate the Relevant Party in the examination of an a quo positive fictitious appeal. This is claimed to have harmed the constitutional rights of the Petitioner. (Nano Tresna Arfana/LA/Yuniar Widiastuti)