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Constitutional justices in the panel judicial review hearing of Article 15 of Law No. 39 of 1999 on Human Rights via a video conference, Wednesday (19/8) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—Petitioner Alamsyah Panggabean affirmed his petition in the material review hearing of Article 15 of Law No. 39 of 1999 on Human Rights on Wednesday, August 19, 2020 via video conference from the Law Faculty of Riau University. The hearing had been scheduled to examine the revision to the petition.

Tapanuli artist Panggabean claimed to be descended from Siraja Panggabean, who hailed from Pansur Napitu, Siatas Barita Sub-district, North Tapanuli Regency, who descended from a king of the Batak lands.

“The enactment of Article 15 of Law No. 39 of 1999 has obstructed the Petitioner’s right to develop and to obtain facilities and special treatment in order to obtain equal opportunities and benefits in the government because the governance planning and supervision in Padang Lawas Regency, North Sumatra Province is carried out by political parties without including him as a member for planning and supervision in the periods 2009-2014, 2014-2019, and 2019-2024,” he said to panel chairman Constitutional Justice Wahiduddin Adams, along with Constitutional Justices Arief Hidayat and Suhartoyo

Article 15 of Law No. 39 of 1999 on Human Rights reads, “Everyone has the right to develop himself by individually and collectively protecting his rights, in the interests of developing his society, nation, and state.” 

Also read: Human Rights Law Challenged Regarding Right to Self-Development 

The Petitioner of case No. 52/PUU-XVIII/2020 stated that on August 10, 2007 Law No. 38 of 2007 on the Establishment of Padang Lawas Regency in North Sumatera Province was passed into law. The law stipulates that Padang Lawas Regency carries out regional autonomy as an extension of the central government, including in the planning and supervision of development. Article 12 paragraph (1) and Article 13 paragraph (1) of the law stipulates that the recruitment of the first period of the Regional Legislative Council (DPRD) of Padang Lawas Regency was through a decree, not an election or through the Election Law in accordance with Article 18 paragraph (3) of the 1945 Constitution.

The Petitioner requested that the Court interpret Article 15 of Law No. 39 of 1999 on Human Rights along the word“individually” as a government regulation and for the first time the regulation on the stipulation of the Petitioner as a Padang Lawas Regency DPRD member be determined following existing legislation and will be so in the future.

Panel chairman Constitutional Justice Wahiduddin Adams responded, “What you conveyed in this petition revision hearing will be reported to the justice deliberation meeting. Whether your case progresses to the plenary hearing will be informed to you.” He then approved evidence P-1 through P-20, which was submitted by the Petitioner, and concluded the hearing.

Writer: Nano Tresna Arfana
Editor: Nur R.
PR: Tiara Agustina
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 8/24/2020 14:38 WIB

Disclaimer: The original version of the news is in Indonesian. In case where any differences occur between the English and the Indonesian version, the Indonesian version will prevail.

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