Panel revision hearing of the judicial review of the Population Administration Law, Wednesday (13/11) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held the judicial review hearing of Law No. 24 of 2014 concerning the Second Amendment to Law No. 23 of 2006 concerning Population Administration on Wednesday (13/11/2019) in the Plenary Courtroom of the Constitutional Court. The case No. 64/PUU-XVII/2019 was filed by student Asrullah.

Panel chairman Constitutional Justice Saldi Isra opened the session that had been scheduled to examine the petition revision. However, Petitioner Asrullah was not present in the courtroom. "So, until now the Petitioner is not in this room and until the deadline specified the Petitioner did not submit the [revised] petition," he said. Justice Saldi said that the Court had properly summoned the Petitioner for the hearing today. However, the Petitioner did not also submit the revision to the Court. Therefore, the remedial hearing could not be continued.

In the preliminary hearing, the Petitioner challenged the phrase "appointed and dismissed by the minister" inArticle 83A paragraph (1) of the Population Administration Law that reads, "Structural officials in the work units that handle population administration in the province are appointed and dismissed by the minister upon the proposal of the governor." Article 83A paragraph (2) reads, "Structural officials in the work units that handle population administration in regencies/cities are appointed and dismissed by the minister upon the proposal of the regent/mayor through the governor."

The Petitioner had stated that the Population Administration Law included the appointment and dismissal of first-class (pratama) officials at the provincial and regency/city levels within the minister\'s purview. The structural officials referred to in a quo article are not explained, but the arrangements are delegated in more technical legislation regarding career development.

The Petitioner believe that granting the authority to the minister to appoint and dismiss structural officials in population and civil registration at the provincial and regency/city level is not in accordance with the spirit of the Constitution and the philosophy of regional autonomy. Therefore, through the petitum, he requested that the Court declare Article 83A paragraphs (1) and (2) of the Population Administration Law contrary to the 1945 Constitution and not legally binding. (Utami/NRA)

Translated by: Yuniar Widiastuti