Plenary ruling hearing of the judicial review of the Civil Code, Thursday (24/1) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

The Constitutional Court (MK) granted the withdrawal of the petition of judicial review of the Civil Code (KUHPerdata) on Thursday (24/1)in the Plenary Courtroom of the Constitutional Court. Chief Justice Anwar Usman said that the Court had completed preliminary examination of case No. 96/PUU-XVI/2018 that was filed by Jandi Mukianto, an ethnic Chinese individual citizen, in the panel hearing on December 6, 2018. The Court then received a letter from the Petitioner dated December 17, 2018 requesting petition withdrawal. Thus, on December 19, 2018.the Court had held a panel hearing to accept the Petitioner’s petition as well as request confirmation on the letter being submitted. However, the Petitioner did not attend although the Court had officially summoned him.

“The Justices Deliberation Meeting on January 10, 2019 has declared the withdrawal of petition No. 96/PUU-XVI/2018 reasonable before law and following Article 35 paragraph (3) of the Constitutional Court Law; withdrawal of a petition results in the petition not open for re-submission,” Justice Anwar said in the ruling hearing in the presence of the other eight constitutional justices.

In the previous hearing, the Petitioner had said that the word "Chinese" in the Civil Code limited the function and purpose of law enforcement in Indonesia, which adheres to the principles of certainty, justice, and expediency. In relation to the definition, when the Petitioner wanted to make a Certificate of Inheritance in a concrete case, he must contact a notary. Meanwhile, ethnic groups other than the Chinese only need to come to the kelurahan and get an attestation letter. Regarding this, the Petitioners also believe that when a law when is formed and applies it has to apply universally and not only to certain groups. However, in the Civil Code there is still the word "Chinese." According to the development of the Unitary State of the Republic of Indonesia, the spirit of the Civil Code is no longer relevant. Therefore, the Petitioners requested that the panel of justices declare the content of every chapter, article, and paragraph containing the word "Chinese" in the Civil Code not to have binding legal force. (Sri Pujianti/LA/Yuniar Widiastuti)