JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) will hold a court hearing on the Government Regulation In Lieu of Law Number 1 of 2020 regarding the State’s Financial Policy and Fiscal Stability for the Mitigation of the Coronavirus Disease 2019 (COVID-19) Pandemic and/or in Order to Face Threats That Endanger the National Economy and/or the Stability of the Financial System on Tuesday, April 28, 2020 on 10:00 WIB in the Plenary Courtroom of the Constitutional Court. 

The Court received two judicial review petitions on Perppu 1/2020. First, petition No. 23/PUU-XVIII/2020 filed by citizens Din Syamsuddin, Amien Rais, Sri Edi Swasono, and others. Second, petition No. 243/PUU-XVIII/2020 filed by the Indonesian Anticorruption Community (MAKI), Mega Bintang Solo Indonesia 1997 Foundation, the Indonesian Community for Justice (KEMAKI), the Law Enforcement Monitoring Institute (LP3HI), and PEKA Legal Aid. On Monday (20/4/2020), the Court received another petition numbered 25/PUU-XVIII/2020 filed by Damai Hari Lubis.

The preliminary hearing for the three cases will be held in the Plenary Courtroom of the Constitutional Court following the large-scale social restrictions (PSBB) policy, including physical distancing, following the health protocol involving the Constitutional Court’s COVID-19 Task Force. Only three petitioners may come into the courtroom, which could include both principal petitioners and attorneys. Before entering the courtroom, the constitutional justices and petitioners will undergo a temperature measurement and be provided with masks, gloves, hand sanitizer, et cetera. Other petitioners and attorneys who wish to follow the hearing will be placed in the second building of the Court (formerly of the Coordinating Ministry for Economic Affairs), where a screen will be displayed to allow remote interaction with the constitutional justices. All of this is in accordance with the procedural law in the Constitutional Court.

To mitigate the COVID-19 pandemic, the Government issued the perppu on March 31 with the basis of the impacts of COVID-19 on state economy. The decline of various domestic activities led the Government and the Financial System Stability Committee (KSSK) to take anticipatory measures to maintain financial stability by issuing the perppu.

However, members of the community question the constitutionality of the perppu. Those petitioners believe Article 27 of the perppu potentially creates immunity for officials or the administrations, such as the KKSK. The article specifically declares that the KKSK or officials executing the perppu cannot be charged, whether criminally or civilly.

The article is also believed to potentially lead to corruption, especially along the phrase “not constitute a loss to the state.” It is also thought to not show any urgency and strong legal reason, especially because Law No. 17 of 2003 on State Finances already regulates the state finances during abnormal or urgent conditions as stipulated in Article 27 paragraphs (3), (4), and (5).

The Petitioners also believe that the Perppu 1/2020 does not meet the three force majeure requirements as a parameter for the issuance of a perppu according to the Constitutional Court Regulation No. 138/PUU-VII/2009. The three requirements are the urgency to resolve legal issues swiftly under the law; a legal vacuum as the legislation does not yet exist; and that the legal vacuum cannot be overcome by making the law under the usual procedure because it will take quite a long time, while the situation requires swift resolution.

The Petitioners believe that the Perppu 1/2020 discusses state finances and state budget while the state budget has already been determined. The reason that the COVID-19 pandemic led to legal vacuum is also groundless. Indonesia already has Law No. 6 of 2018 on Health Quarantine as a legal basis in making policies regarding the mitigation of COVID-19. (Lulu Anjarsari/FLS)

Translated by: Yuniar Widiastuti