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Principal Petitioner Marcell Kurniawan conveying the points of the petition revision in the judicial review hearing of the Road Traffic and Land Transportation (LLAJ) Law, Wednesday (11/3) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The Petitioners of case No. 14/PUU-XVIII/2020 conveyed the petition revision in the judicial review of Law No. 22 of 2009 on the Road Traffic and Land Transportation (LLAJ) on Wednesday (11/3/2020) in the Plenary Courtroom of the Constitutional Court.

“We added the norm the 1945 Constitution as the Constitutional Court’s authority. The rest [of the revision] is in the [argument]. We [reinforced] the legal standing,” said Marcell Kurniawan (Petitioner I), owner of an accredited driving school and driving education, driving instructor, and driving competency assessor.

In the hearing presided over by Constitutional Justice Suhartoyo, along with Constitutional Justices Saldi Isra and Daniel Yusmic P. Foekh, the Petitioners also submitted evidence P-1 through P-12. As parties directly related to education, they also stated the phrase “self-learning” is not accordance to the spirit of national education system.

“The phrase ‘self-learning’ [reflects] legal uncertainty. We have the right to advance ourselves and fight for the right to develop the society and the nation. Meanwhile, the phrase ‘self-learning’ inhibits progress, both for the self and in corporation,” Marcell explained.

Also read: Driving Instructor and Course Owner Challenge LLAJ Law

At the preliminary hearing on Wednesday (19/2/2020), Marcell Kurniawan (Petitioner I) and Roslianna Ginting (Petitioner II) challenged Article 77 of the LLAJ Law. The Petitioners feel that they are not given recognition, guarantee, protection, and legal certainty of their profession.

The Petitioners believe that the phrase "self-learning" could legitimate prospective drivers to not enroll in training programs offered by Government-accredited institutions and to not undergo competency test by certified institutions. This is detrimental to the institutions because there is no legal force that requires prospective drivers to be trained and certified by legitimate institutions. The provision is also deemed threatening other people’s right to live because the phrase "self-learning" in the a quo article lead to people without competence being able to drive on the road with the reason of self-learning. This could lead to road traffic accidents, causing material and immaterial losses.

Also read

Review of LLAJ Law: Penalty for Parents Who Allow Minors to Ride Motorcycles

Judicial Review Petition of Road Traffic Law Not Revised 

At the same hearing, the Constitutional Court (MK) also heard the petition revision for case No. 15/PUU-XVIII/2020. Law Faculty students of Sahid University Jakarta, Novan Lailathul Rizky and peers, requested the material review of Article 311 paragraphs (2), (3), (4), and (5) of Law No. 22 of 2009 on Road Traffic and Land Transportation (LLAJ). They argue that a minor driving a motorcycle is inseparable from the role of person and/or motorcycle owner who deliberately give and/or lend the motorcycle to the minor.

In this session, through attorney Yohanes Mahatma Pambudianto the Petitioners stated, “The phrase ‘Anyone who deliberately drives a motorized vehicle by a manner or condition that is dangerous for lives or goods’ insofar as not be interpreted  as ‘including drivers who have not reached legal age’ is against Article 28D paragraph (1) of the 1945 Constitution.”

Therefore, the Petitioners in their petitum requested that the Court declare Article 311 of the LLAJ Law along the word "act" contrary to the 1945 Constitution of the Republic of Indonesia and not legally binding insofar as it is not interpreted that in the event that the "act" is carried out by an underage driver, the criminal liability is also imposed on persons participating in letting, giving and/or lending a motorized vehicle to the minor. (Nano Tresna Arfana/ A.L./NRA)

Translated by: Yuniar Widiastuti

Translation uploaded on 3/13/2020

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