Petitioner’s attorney, Iqbal Tawakal Pasaribu, submitting petition revision in the judicial review of the Deposit Insurance Agency (LPS) Law on Monday (29/1) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

The hearing of the judicial review of Law No. 24/2004 on Deposit Insurance Corporation (LPS Law) was held again by the Constitutional Court on Monday (29/1) with the agenda of petition revision. 

The Petitioner explained that he had revised the petition in accordance with the advice of the Panel of Justices, including removing one of the articles reviewed. "First, we changed page one, Your Honor. [Now] we review Article 6 paragraph (1) letter c only. Previously, [we included] Article 81 paragraph (3) of the LPS Law. But we removed it, Your Honor. The revision here is in accordance with the recommendation by the Panel of Justices of the Constitutional Court," said Iqbal Tawakal Pasaribu, one of the Petitioner’s attorneys to the Panel of Justices led by Constitutional Justice Maria Farida Indrati. 

Then, Iqbal said the Petitioner had corrected their constitutional impairment. "Next, on page 10, Your Honor. [It is on] constitutional impairment. We only focus on Article 28D paragraph (1) of the 1945 Constitution. Only, in the principal issue of the petition we still use the reference of Article 1 paragraph (3), Article 28D paragraph (1), and Article 33 paragraph (4) of the 1945 Constitution," Iqbal said. 

Subsequently, the Petitioner revised a sentence in the tables. The Petitioners affirmed that these tables are not to indicate of clashes between laws, but his reference in constructing constitutional impairment and the articles that contradict the constitution. 

"The reference is in several laws, namely the PPKSK Law, the State Finance Law, the State Treasury Law, and the LPS Law itself," Iqbal added. 

The petition No. 1/PUU-XVI/2018 was filed by the Deposit Insurance Agency (LPS), represented by the Chief Executive, Fauzi Ichzan. The Petitioner reviews Article 6 paragraph (1) letter c, Article 81 paragraph (3), Article 33 paragraph (4) of the LPS Law. Article 6 paragraph (1) letter c reads, "In carrying out its duties as stipulated in Article 5, the LPS has the following authorities: to manage LPS assets and liabilities." 

The Petitioner claims that the articles do not provide legal certainty and are contradictory to Article 28D Paragraph (1) of the 1945 Constitution that every person has the right to fair legal guarantee, protection, and certainty. in addition, the article is seen as contrary to the principle of the rule of law in Article 1 paragraph (3) of the 1945 Constitution. The Petitioner also highlighted Article 33 paragraph (4) of the 1945 Constitution on the national economy based on economic democracy with the principle of togetherness and fair efficiency. LPS is an institution that serves to maintain the stability of banking system, as well as to guarantee banking customers. (Nano Tresna Arfana/LA/Yuniar Widiastuti)