Plenary decree pronouncement hearing of the judicial review of the Perppu on COVID-19 Mitigation on Tuesday (19/05) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) granted the withdrawal of the material review petition of the Government Regulation In Lieu of Law Number 1 of 2020 regarding the State’s Financial Policy and Fiscal Stability for the Mitigation of COVID-19 Pandemic (Perppu on COVID-19 Mitigation). The Decree No. 25/PUU-XVIII/2020 was read out by Chief Constitutional Justice Anwar Usman on Tuesday (19/5/2020) amidst physical distancing in accordance with the health protocols set by the Indonesian Health Ministry and the World Health Organization (WHO). 

Petitioner Damai Hari Lubis previously argued that Article 27 paragraphs (1), 2, and (3) of the Perppu on COVID-19 Mitigation had violated his constitutional right to obtain information on the use of state budget for COVID-19 mitigation and hinders legal monitoring by the judiciary. Therefore, he believed the article was against the principles of transparency and accountability for the people’s welfare. Therefore, the a quo article was thought to have eliminated the Government’s and public officials’ accountability in using the state budget, thus indicating a decline of law in Indonesia.

The Constitutional Court held a panel preliminary examination hearing on April 28, 2020 and another panel hearing to review the petition revision on May 14, 2020 where the Petitioner was absent. Then, the panel of justices read out the Petitioner’s request for the withdrawal of petition No. 25/PUU-XVIII/2020 dated May 11, 2020.

"Based on the provision of Article 35 paragraph (1) of Law Number 24 of 2003 on the Constitutional Court as amended by Law Number 8 of 2011 on the Amendment to Law Number 24 of 2003 on the Constitutional Court, the justice deliberation meeting on May 14, 2020 determined that the revocation or withdrawal of petition No. 25/PUU-XVIII/2020 is legal according to the law and the petition cannot be re-submitted and based on the provision of Article 35 paragraph (1a) of the Constitutional Court Law, the petition docket shall be returned to the Petitioner," said the Chief Constitutional Justice Anwar Usman in the ruling hearing in the Plenary Courtroom of the Constitutional Court.

To help curb the spread of COVID-19, the petitioners and their attorney(s), the government, experts, witnesses, and other parties can use the online courtroom facilities. The Constitutional Court uses Cloudx and Zoom for online hearing from the parties’ respective residences. In order to be able to use the online courtroom facilities, the litigating parties are to notify the Court’s ICT team of their locations and the instruments that they have at least two days before the hearing. Other parties can watch the hearing online through the Court’s YouTube channel’s livestream. (Sri Pujianti/RA/LA)

Translated by: Yuniar Widiastuti

Translation uploaded on 05/20/2020