Panel revision hearing of the judicial review of the Law on Padang Lawas Regency Establishment, Thursday (9/1) 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 another  hearing of the judicial review of Law No. 38 of 2007 on the Establishment of Padang Lawas Regency of North Sumatera Province on Thursday (9/1/2020) in the Plenary Courtroom of the Constitutional Court. The case No. 82/PUU-XVII/2019 was petitioned by Alamsyah Panggabean. In his petition, the Petitioner argues that Article 13 paragraph (2) of the Law of the Establishment of Padang Lawas Regency is unconstitutional.

In the second hearing, through video conference from the Law Faculty of Riau University, Panggabean conveyed several points of revision, including of the petitum. In the first petition, he requested that the Court declare the a quo article along the phrase "in accordance with statutory provisions" unconstitutional and not legally binding. He added one point in the petitum.

“Declare Article 1 point 2 of Law Number 38 of 2007 on the Establishment of Padang Lawas Regency of North Sumatera Province, State Gazette of the Republic of Indonesia Number 4754, along the phrase isconditionality unconstitutional insofar as not interpreted as Article 28C paragraph (2), Article 28H paragraph ( 2), and Article 28I paragraph (4) of the 1945 Constitution,” Panggabean elaborated before the hearing chaired by Constitutional Justice Enny Nurbaningsih, with Constitutional Justices Wahiduddin Adams and Arief Hidayat.

In the preliminary hearing, the Petitioner argued that the phrase "in accordance with the laws and regulations" was unclear and multi-interpretive. Multiple interpretations, he added, will result in legal uncertainty and can cause social and political conflicts in society. He also said that the potential conflict is related to the institution that is authorized to issue the intended laws and regulations, the legislation to be formed, background of the appointed representatives, and the stipulated membership period of the DPRD. (Sri Pujianti/LA)

Translated by: Yuniar Widiastuti