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The Petitioner’s attorney B. P. Beni Dikty Sinaga delivering the petition revisions at the judicial review hearing of the BUMN Law, Tuesday (1/9) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The revision hearing of the judicial review of Law No. 19 of 2003 on State-Owned Enterprises (BUMN Law) was held by the Constitutional Court on Tuesday, September 1, 2020. The justice panel was led by Constitutional Justice Saldi Isra. The Petitioner’s attorney B. P. Beni Dikty Sinaga delivered the petition revisions.

"The Petitioner has revised the Constitutional Court’s authorities [as stipulated in] statutory regulations and changed the term rejudicial review to become the Constitutional Court’s authority to examine and explain that Article 77 letters c and d of the BUMN Law has never been examined and decided by the Constitutional Court, which means that the Petitioner’s petition is non nebis in idem,” Beni said before panel chairman Constitutional Justice Saldi Isra as well as Constitutional Justices Manahan M. P. Sitompul and Wahiduddin Adams. 

The Petitioner also changed the representative of the Federation of Pertamina United Labor Unions (FSPPB) from president Arie Gumilar and secretary general Dicky Firmansyah to only president Arie Gumilar, in compliance with its articles of association. They also detailed their constitutional damage due to the enactment of Article 77 letters c and d of the BUMN Law. They removed the part on legal facts and merged it with the reasons of the petition.

While approving evidence P-1 through P39 submitted by the Petitioner, Justice Saldi Isra stated that the petition will be forwarded to the justice deliberation meeting (RPH), in which the nine justices will decide whether the case will go on to a plenary hearing.

Also read: Constitutionality of Privatization of Pertamina Subsidiaries

The Petitioner of case No. 61/PUU-XVIII/2020 is the Federation of Pertamina United Labor Unions (FSPPB), represented by president Arie Gumilar and secretary general Dicky Firmansyah, challenges Article 77 letters c and d of Law No. 19 of 2003 on SOEs. The Petitioner is a workers union listed with the Central Jakarta Manpower and Transmigration Sub-department with documentation No. 260/I/N/IV/2003 dated April 9, 2003 and acts for the interest of the workers of PT Pertamina (Persero).

Based on Article 7 of its article association, the FSPPB serves to fight for, protect, defend the rights and interests of, and improve the quality of life and welfare of its members and their families, maintain business continuity and the existence of the company, and fight for national energy sovereignty. The provision of Article 77 letters c and d of Law No. 19 of 2003 regulates the prohibition against limited liability companies (persero)whose businesses are regulated in the a quo article to be privatized.

The Petitioner argued that based on the amendment to PT Pertamina’s (Persero) articles of association No. 27 of December 19, 2016, it does energy businesses. Therefore, it cannot be privatized based on the provision of Article 77 of the BUMN Law. Its businesses are integrated from upstream to downstream, covering upstream/exploration, processing/refinery, marketing and trading, as well as distribution/transportation and shipping. 

The Petitioner stated that to improve competitiveness, increase value, expand business networks, and manage independence of State-Owned Enterprises (BUMN), the government may form a holding company for SOEs/company group/holding companies. One of the ways is to establish sub-holdings and subsidiaries of PT Pertamina as shown in the Decree of Pertamina Board of Directors No. Kpts-18/C00000.2020-SO on the Basic Organizational Structure of PT Pertamina: Subholding Upstream, Refining & Petrochemical, Commercial & Trading, Gas, Power & NRE, and Shipping Co. The privatization of PT Pertamina subsidiaries by the government has been planned to be done through IPO at sub-holding level. (*)

Writer: Nano Tresna Arfana
Editor: Lulu Anjarsari
PR: Lambang S.
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 9/2/2020 16:49 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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