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Chief Justice Anwar Usman reading out the verdict of the judicial review of the Law No. 2 of 2020 regarding the Stipulation of the Government Regulation in Lieu of Law No. 1 of 2020 regarding the Stipulation of the State’s Financial Policy and Fiscal Stability for the Mitigation of the COVID-19 Pandemic, Monday (28/9) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) issued the Decree No. 38/PUU-XVIII/2020, regarding judicial review of Law No. 2 of 2020 on theStipulation of the Government Regulation in Lieu of Law No. 1 of 2020 regarding the State’s Financial Policy and Fiscal Stability for the Mitigation of the COVID-19 Pandemic and/or in Order to Face Threats That Endanger the National Economy and/or the Financial System’s Stability into Law. The verdict was pronounced on Monday, September 28, 2020 in the Plenary Courtroom.

The petition was 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 Peduli Keadilan (PEKA) Legal Aid. The Court granted the Petitioners’ request to withdraw the petition.

Chief Justice Anwar Usman said that according to Article 34 of the Constitutional Court Law, the Court held a preliminary examination hearing of the petition at a panel hearing on June 18, 2020. According to Article 39 of the Constitutional Court Law, the justice panel has offered advice to revise the petition. The Court also held petition revision hearing on July 8, 2020 and an additional preliminary hearing on August 27, 2020 to hear the Petitioners’ attorney’s clarification of the different proxies in the initial and revised petitions, as well as the Principal Petitioners’ proxies in their power of attorney.

The Petitioners’ attorney then withdrew the petition, with the consequence that the a quo petition cannot be re-filed.

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In May 2020 the Petitioners of case No. 38/PUU-XVIII/2020 petitioned for a formal and material review of the Law on COVID-19 on the Stipulation of the Government Regulation in Lieu of Law No. 1 of 2020 regarding the State’s Financial Policy and Fiscal Stability for the Mitigation of the COVID-19 Pandemic and/or in Order to Face Threats That Endanger the National Economy and/or the Financial System’s Stability into Law.

The Petitioner challenged the formulation of the law (material review), which they believed to be in violation of the provision on the formulation of the legislation within the Constitution, as the Government Regulation in Lieu of Law (Perppu) No. 1 of 2020, on which Law No. 2 of 2020 is based, had been issued and ratified in one House session.

The Petitioners challenged three paragraphs in Article 27 of Law No. 2 of 2020 (material review). The articles stipulate that any costs incurred by the government in economic recovery programs do constitute a state loss, and that the administration or officials that implement this policy cannot be prosecuted in civil, criminal, or state administrative courts, resulting in impunity.

Writer: Utami Argawati
Editor: Nur R.
PR: Muhammad Halim

Translator: Yuniar Widiastuti (NL)

Translation uploaded on 9/30/2020 13:21 WIB

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

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