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Constitutional Justice Saldi Isra chairing the panel judicial review hearing of Law No. 39 of 1999 on Human Rights, Wednesday (16/12/2020) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held another judicial review hearing of Law No. 39 of 1999 on Human Rights (HAM) on Wednesday, December 16, 2020. The petition revision hearing of case No. 98/PUU-XVIII/2020 was presided over by Constitutional Justices Saldi Isra (panel chair), Enny Nurbaningsih, and Manahan M. P. Sitompul. The petition was filed by Alamsyah Panggabean, who challenges Article 15 of the Human Rights Law.

The Petitioner attended this second hearing virtually without a legal counsel. He stated that that Article 15 of the Human Rights Law was in violation of Article 28C paragraph (1) of the 1945 Constitution. He believes the a quo norm has given him the right to fight for the right to personal development, so he requested that the Court provide an interpretation that Article 15 of the Human Rights Law, particularly the word "personally," be defined as a government regulation and that the stipulation of the Petitioner as a member in Padang Lawas Regency government be determined following existing laws and regulations.

“Therefore, in the petitum, the Petitioner appealed that the Court examine, adjudicate, and decide on the a quo that grants the Petitioner’s petition in its entirety,” said Panggabean when conveying the revisions to the petition via video conference from the Law Faculty of the University of Riau.

Also read: Requesting Appointment into DPRD, Citizen Challenges Human Rights Law 

Article 15 of the Human Rights Law, which reads, “Everyone has the right to develop himself by individually and collectively protecting their rights, in the interests of developing their society, nation, and state.”

Based on Article 13 paragraph (1) of Law No. 38 of 2007 of the Formation of Padang Lawas Regency in North Sumatera Province, the Petitioner said, the filling of vacancies of Padang Lawas Regency Regional Legislative Council (DPRD) for the first time must also through a decree. The Petitioner requested that he be given equal treatment as stipulated in the article, by being declared a DPRD member, so that the equality and justice mandated by Article 28H paragraph (2) of the 1945 Constitution are realized.

The Petitioner believes from a sociological standpoint the formation of the Human Rights Law contains the hope that every human being think and act for common interests in the life of society, nation, and state. This is actually an affirmative action for everyone who wants to think and act for common interests and for the sake of upholding human rights for every citizen.

Writer: Sri Pujianti
Editor: Nur R.
PR: Fitri Yuliana
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 12/17/2020 17:19 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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