Pangihutan Siagian representing the Government requesting a delay of the judicial review hearing of the Pension Funds Law, Wednesday (10/10) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

The Government requested delay of the hearing where it was supposed to deliver a statement in relation to the judicial review of Law No. 11/1992 on Pension Funds on Wednesday (10/10) in the Plenary Courtroom of the Constitutional Court. The Government claimed that the officials were attending the 2018 Annual Meetings IMF-World Bank Group in Bali.

This was conveyed by the Head of Sub-directorate for Training and Mentoring of Preparation on Economy Division, Erwin Fauzi, as Government representative from the Ministry of Law and Human Rights. Therefore, Constitutional Justice Aswanto as who presided over the session stated that he postponed the trial until Tuesday, October 23, 2018 at 11.00 WIB.

Muhammad Helmi Kamal Lubis, an individual citizen, had claimed to have experienced specific and actual damages due to the enactment of Article 14 juncto Article 52 paragraph (1) letter a and paragraph (4) of the Pension Funds Law, which regulates the institution authorized to audit pension funds financial statements. According to the Petitioner of case No. 59/PUU-XVI/2018, the a quo articles had caused uncertainty related to the institution(s) authorized to audit the financial statements of pension funds, whether it is the Supreme Audit Agency (BPK) or public accountants.

The Petitioner claimed that the Pension Funds company is an "object of examination" of public accountants as regulated in the Pension Funds Law. Thus, a contrario it can be interpreted that the Pension Funds is "not" the object of the BPK audit. In other words, BPK is not authorized to constitutionally audit Pension Funds financial statements. (Sri Pujianti/LA/Yuniar Widiastuti)