JAKARTA—The Constitutional Court (MK) held a follw-up judicial review hearing of Law Number 15 of 2006 on the Audit Board (BPK Law) onWednesday (13/2/2019). The hearing was scheduled to hear the Government’s statement. However, it was postponed as the Government was not ready, as conveyed by Law and Human Rights Ministry representative Erwin Fauzi. In response to the statement, Chief Justice Anwar Usman suspend the session until February 26, 2019 at 11.00 WIB.

In the petition No. 3/PUU-XVII/2019, 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.” 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 (People’s Consultative Assembly/MPR, House of Representatives/DPR, Regional Representatives Council/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 not legally binding.