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Principal Petitioner Rizal Djalil and attorney Irman Putrasidin delivering the points of petition of the judicial review of the Audit Board Law (BPK Law), Tuesday (15/1) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

The preliminary judicial review hearing of Law Number 15 of 2006 on the Audit Board was held by the Constitutional Court,Tuesday (15/1) afternoon. The petition No. 3/PUU-XVII/2019 was filed by Audit Board (BPK) member Rizal Djalil, with attorney Irman Putrasidin and colleague.

The Petitioner reviews Article 5 paragraph (1) along the phrase “for 1 (one) term of office” of Law Number 15 of 2006. The a quo article reads, “Members of the Audit Board serve for 5 (five) years and afterward can be reappointed for 1 (one) term of office.”

The Petitioner argued that restriction to president\'s term of office to maximum two periods was to prevent authoritarian power held by one. However, BPK is not a one-man show, but 9 people who work collectively (Article 4 paragraph (1) of the BPK Law), and also not the holders of government power that controls the military, law enforcement, and the economic sector of natural resources. 

"If studied more closely, BPK is not a single organ but a plural state organ consisting of nine BPK members in making collective collegial decisions. "BPK is not a holder of government power, but it actually still carries out legislative functions in the examination of state finances," explained Irman Putrasidin. 

In Decision of the Constitutional Court Number 108/PUU-X/2012, the Court believes that the limitation of presidential term of office cannot be equated with the same restrictions for members of the House of Representatives (DPR) and Regional Representatives Council (DPRD) because the nature of the two positions is different. The president is a single position that has full authority in carrying out government power, so restrictions are needed to avoid arbitrariness. The members of DPR and DPRD are plural positions where each decision making within their authority is carried out collectively, so that there is very little possibility of abuse. 

 According to the Petitioner, considering that BPK is within the legislative functions as intended in the original intent of the 1945 Constitution, BPK should not be subject to the restriction of 2 (two) terms of office (Article 5 paragraph (1) Law No. 15/2006 just as the legislative (MPR, DPR, DPD) are not limited by 2 (two) terms of office.

The Petitioner believes that if House members\' term of office is not limited, mutatis mutandis it also applies to BPK members because the nature of the position of BPK is the same as that of the House, both multiple and collegial collective decisions as well as legislative, making them very unlikely to act arbitrarily.

In his petitum, the Petitioner requested that the Court declare Article 5 paragraph (1) of the BPK Law along the phrase "for 1 (one) term of office" contrary to the 1945 Constitution and does not have binding legal force. 

Legal Standing 

Responding to the Petitioner\'s arguments, Chairperson of Panel I Dewa Gede Palguna advised the Petitioner regarding the legal standing. "We recommend that prior to the legal standing of the Petitioner, the petition includes the norm or article reviewed by the Petitioner. Logically, there will be a description of the Petitioner\'s constitutional rights. So you compare the losses of the Petitioner\'s constitutional rights to the norm reviewed," he explained. 

Constitutional Justice Enny Nurbaningsih assessed that there is no problem in the format of the Petitioner\'s petition, as it has complied to the format of petition in the Constitutional Court. She then highlighted Article 5 paragraph (1) of the BPK Law reviewed by the Petitioner. 

“If the article that the Petitioner reviews is annulled, how does it affect the norms of other articles? If the Court grants the petition, what will be of other positions, such as in the Constitutional Court or the Supreme Court?” Justice Enny asked. (Nano Tresna Arfana/LA/Yuniar Widiastuti)

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