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Urbanist Jimmy Siswanto Juwana and state administration expert Dian Puji Nugraha Simatupang presented by Petitioners as experts to provide information in the follow-up judicial review hearing of Law Number 2 of 2017 on Construction Services, Tuesday (13/11) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

A further judicial review hearing of Law No. 2/2017 on Construction Services was held by the Constitutional Court (MK) on Tuesday (13/11). The session was scheduled to hear the statement of Expert for the Petitioners. State administration expert Dian Puji Nugraha Simatupang was present. 

Dian explained the concept by Prof. Djokosoetono on the five functions of government in administering the government: realizing public welfare, carrying out public services, supervising, resolving disputes through administrative efforts, and regulating. 

"In essence, Your Honor, [the Government operates] in nine ways, namely separate state administrations, certain legal entities, personal legal subjects, legal entities receiving subsidies, Government along with other legal subjects, foundations established and supervised by the Government, cooperatives led and supervised by the Government, state-owned enterprises, and finally individuals or legal entities that are given authority through legislation," said Dian. 

The function of government in the framework of delegation, explained Dian, can be done by involving the community. Community participation, in essence, is to carry out the function of government by means of government administration, to obtain support in carrying out its duties and functions, also so that the community joins with the government administration to realize the idealized order together. 

"The participation can be through participation, concession, or delegation. For example, [community participation is] education clearly carried out by private universities and private schools. [The participation types] are formal and informal. Concession is through agreement or provision. The delegation is regulated in legislation," said Dian. 

The Petitioner also presented urbanist Jimmy Siswanto Juwana, who explained the construction service community. "In the past, we knew of six elements of the construction service community and the government was in it. That is, the mistakes of the institution in the past are also part of the government\'s mistakes because the government is in it. [The government] actually has a more dominant authority because it controls," Jimmy said. 

The others, Jimmy added, are construction service companies that are business associations, community of experts that are professional associations, as well as experts from universities, elements of community organizations as construction observers, then other related services that support the supply chains. 

"The construction service participation actually needs to be improved [if the issuance of Law Number 2 of 2017 is expected to provide benefits]. Greater responsibility, balance between the central and regional whose Government Regulation and Ministerial Regulation have not been issued, guarantee the creation of an orderly budget for a fair construction services business. Then increasing community participation, expanding the scope of regulation, legal protection, protection of labor, safety networks, and realizing quality assurance," explained Jimmy. 

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, which implements Law No. 18 of 1999 on Construction Services. 

LPJKP was formed to channel the construction service community at the provincial level. The LPJKP board of directors was confirmed by the Governor through the Governor\'s Decree as the implementation of Government Regulation (PP) No. 28/2000 juncto PP No. 30/2000. The names of LPJKP board members are proposed by the Minister of Public Works and Public Housing based on a fit and proper test implemented by the Selection Committee of the Ministry of Public Works and Public Housing. Thus, LPJKP is a public legal entity.

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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