The plenary hearing of the judicial review of the Law on State-Owned Enterprises (BUMN) attended by Ninik Hariwanti as Director of Litigation of Legislations of the Law and Human Rights Ministry as well as Noor Ida Khomsiyati and Fahresha Muchtar from the Ministry of SOEs representing the Government on Tuesday (3/4) in the Plenary Courtroom of the Constitutional Court.. Photo by Humas MK/Ganie.

Another hearing of the judicial review of Article 2 paragraph (1) letters a and b and Article 4 paragraph (4) of Law No. 19/2003 on the State-Owned Enterprises (BUMN Law) was held by the Constitutional Court on Tuesday (3/4) to listen to the statements of the Government and The House. However, the House was unable to attend.

The Government represented by Ninik Hariwanti from the Law and Human Rights Ministry declared to postpone the delivery of Government statement. This is because it took time to finalize the statement on the case petitioned by Albertus Magnus Putut Prabantoro and Kiki Syahnakri. Therefore, the Panel of Justices decided to postpone the hearing of case No. 14/PUU-XVI/2018 until Tuesday, April 10, 2018.

At the previous hearing, the Petitioners claimed that the articles were normatively abused and it led to the issuance Government Regulation No. 47 of 2017 on the Equity Participation of the State of the Republic of Indonesia in State-Owned Limited Liability Company. In the government regulation, also known as PP Holding BUMN Tambang, shares of three SOEs were transferred to PT Indonesia Asahan Aluminum Persero (Inalum). The three SOEs are PT Aneka Tambang Tbk (Persero), PT Timah Tbk (Persero), and PT Bukit Asam Tbk (Persero).

In addition, the Petitioners claimed the implementation of Article 4 paragraph (4) of the BUMN Law shows the effect of state equity participation in other SOEs, so the SOE becomes a subsidiary of the other SOEs. This provisionhas eliminated the SOE and can be categorized as a new privatization model due to the transformation of SOE into SOE subsidiary without the mechanism of the state budget and House approval. (Sri Pujianti/LA/Yuniar Widiastuti)