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Legal counsel Andi Muhammad Asrun reading out the main points of the petition revision in the hearing of the judicial review of the Law on Construction Services, Wednesday (19/9) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

The revision hearing of the judicial review of the Law on Construction Services was held by the Constitutional Court on Wednesday afternoon (19/9). The Petitioners were represented by Andi Muhammad Asrun. The panel of justices was led by Deputy Chief Justice of the Constitutional Court Aswanto.

Andi Muhammad Asrun explained the revision made regarding the legal standing, that the Petitioners were of two categories. The first category is a public legal entity that had proposed the Aceh Construction Services Development Agency (LPJK). He explained that LPJK felt disadvantaged because of the loss of the existence of public legal entities.

"Then it was replaced by a non-independent body, which was contrary to the spirit of the establishment of the Construction Services Development Agency that was based on Law Number 18 of 1999. The point is that the community is given a role and it should be noted that the operational funds for LPJKP are not from the state budget (APBN). They self-develop, among others assets, human resources, all from self-supporting funds," Asrun explained. 

In relation to individual Petitioners, Asrun said that they had lost their jobs due to the enactment of the a quo law. "At least in terms of work, they will lose their jobs. Moreover, their career that has built for 17 years to become construction services experts has become unclear, where they will [work]. And then, all this time they really enjoyed the independence of LPJKP, suddenly it disappears and then the subsequent direction is not clear," said Asrun. 

Therefore, Asrun added, they had experienced constitutional losses, both as an institution and as individuals. "There is also causal verband. If the provisions petitioned for review in the a quo petition and then the Court gives a decision in accordance with the petitum, then the constitutional impairment will not repeat. That is what we can explain and it is on page 8, we have explained on page 8," he said. 

Furthermore, in relation to the argument of the Petitioners\' of the inclusion of Article 18 of the 1945 Constitution, Asrun explained that it contained the spirit of regional autonomy, the spirit for decentralization, and there is the role of the governor in issuing a Decree (SK) after conducting a fit and proper test for LPJKP management. 

"Construction services provide a large, broad, and strategic role to the construction services community who deals with construction businesses and services through a construction services forum as an independent institution. This independence is related to funding, meaning that it is not financed by the state budget," said Asrun. 

The petition of case No. 70/PUU-XVI/2018 was filed by the Aceh Construction Development Agency (LPJK) and Azhari A. Gani as its administrator. The Petitioners review seven articles in the Construction Services Law, including Article 30 paragraphs (2), (4), and (5) that reads, “(2) Corporate Certificate as referred to in paragraph (1) is issued through a certification process and registration by the Minister. (4) To obtain a corporate certificate as referred to in paragraph (1), a construction service company submits an application to the Minister through a corporate certification body established by an accredited corporate association. (5) Accreditation as referred to in paragraph (4) is given by the Minister to corporate associations that fulfill the following requirements: a. number and distribution of members; b. empowerment of members; c. democratic election of administrators; d. facilities and infrastructure at the central and regional levels; and e. implementation of obligations in accordance with the provisions of the legislation.”

The Petitioners, who are members of the Aceh Provincial Construction Services Development Agency (LPJKP), are representatives of the construction service community in the region who have worked for around 17 years in developing construction services supported by complete infrastructure and human resources. LPJKP is located in 34 provinces. It was formed in 2001 based on the Government Regulation No. 28 of 2000 on the Role of Construction Service Communities, that implement Law No. 18 of 1999 on Construction Services.

The provisions of Article 30 paragraphs (2), (4), and (5) of Law No. 2 of 2017 has allowed Minister to take the constitutional right of the Petitioners, who had been carrying out professional, transparent, and accountable construction service business certification. Thus, there is centralization and bureaucratization of the implementation of registration and certification of construction service companies. (Nano Tresna Arfana/LA/Yuniar Widiastuti)

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