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JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held a continuation of the preliminary judicial review hearing of Law No. 38 of 2009 on Postal Services on Thursday, October 1, 2020 in the Plenary Courtroom. The case No. 78/PUU-XVII/2020 was filed by PT Pos Indonesia and Harry Setya Putra (Petitioners I and II). A preliminary hearing took place the day before on Wednesday, September 30, but was delayed due to an internet connection issue.

The Petitioners argue that Article 1 number 2, Article 1 number 8, Article 15, Article 27 paragraph (2), Article 29 paragraph (2), Article 30, Article 46, Article 51 of the Postal Service Law are in violation of Article 33 paragraphs (2), Article 33 paragraph (4), and Article 34 paragraph (3) of the 1945 Constitution. At the previous hearing, the Petitioners’ attorney Tegar Yusuf A. N. said Petitioner I is one of the state-owned enterprises that play an important role in the country’s development. Petitioner I organizes the mail, and deliver goods, and offers other postal services for the public. Based on Law No. 19 of 2003 on State-Owned Enterprises (BUMN), Petitioner I aims to contribute to the development of the national economy in general and state revenue in particular, and to pursue and generate profits.

Also read: PT Pos Indonesia on Postal Service Losing Exclusivity

Petitioner I argued that Article 1 number 2 of the Postal Service Law that reads, “The Postal Service is a business entity that manages postal services,” has disrupted its performance. The article means that postal services can be offered by any business entity that meets requirements. This has led to Petitioner I losing its exclusive rights as the state’s postal company and that is is now on par with other non-state postal companies. The enactment of the article has also led to Petitioner I having difficulties in competing with private postal companies.

Petitioner II, who is an individual citizen, feels harmed by the enactment of Article 1 number 8, Article 27 paragraph (2), Article 29 paragraph (2), Article 30, and Article 46 of the Postal Service Law due to letters receiving equal treatment with other postal goods. He believes letters require the protection of the right to privacy, making it stand out compared to other postal goods. Letters contain private information between the sender and the recipient, which constitutes a human right that is expressly guaranteed in Article 28G paragraph (1) of the 1945 Constitution. However, in practice, any letter could be opened and checked by the postal company before being delivered, which violates the right to privacy.

Justices’ Advice

Constitutional Justice Suhartoyo asked the Petitioners to revise the petition following the appropriate format and to observe the petition’s legal subjects. He stressed that Petitioner I had the burden of proof to confirm that the Director of Strategic Relations and Organization has the authority to represent PT Pos Indonesia in and out of court. He also questioned the legal standing of Petitioner II as a postal service customer and asked for evidence proving the petitioner’s use of the services. He also asked the Petitioners to explain their constitutional impairment in details.

Constitutional Justice Daniel Yusmic P. Foekh observed the high number of articles being petitioned and cautioned the Petitioners to carefully review the correlation between the norms they challenge and the touchstones. He also advised them to elaborate on the correlation between the petitum and posita. Meanwhile, Constitutional Justice Wahiduddin Adams asked the Petitioners to review once more the articles being challenged and the touchstones. He also reminded the attorneys to pay attention to their signatures on the power of attorney.

Before concluding the hearing, Justice Wahiduddin Adams reminded the Petitioners to submit a revised petition by Wednesday, October 14, 2020 at 13:30 WIB.

Writer: Sri Pujianti
Editor: Lulu Anjarsari
PR: Annisa Lestari
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 10/03/2020 14:56 WIB

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

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