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Monday, May 24, 2021 | 15:55 WIB

Sri Bintang Pamungkas (Petitioner) at the virtual petition revision hearing of the judicial review of the Law on Mortgage over the Land and Objects Related to the Land, Monday (24/5/2021). Photo by Humas MK/Ifa.

JAKARTA, Public Relations—At the second judicial review hearing of Law No. 4 of 1996 on Mortgage over the Land and Objects Related to the Land (Mortgage Law), lecturer Sri Bintang Pamungkas conveyed the revisions to his petition. The hearing for case No. 10/PUU-XIX/2021 was held by the Constitutional Court (MK) on Monday, May 24, 2021.

He previously alleged that Article 6, Article 14 paragraph (3), Article 20 paragraph (2), and Article 21 of the Mortgage Law are in violation of Article 28A, Article 28A paragraph (2), Article 28C paragraph (1), Article 28D paragraphs (1) and (2), Article 28G paragraph (1), Article 28H paragraphs (1) and (4), and Article 28I paragraph (2) of the 1945 Constitution. He added Article 20 paragraph (1) of the Mortgage Law to the list of articles that he challenges.

“There are other revisions following the recommendation of the constitutional justices. The [Petitioner’s] constitutional loss has also been elaborated,” he explained before Constitutional Justices Suhartoyo (panel chair), Wahiduddin Adams, and Manahan M. P. Sitompul.

Also read: House Facing Auction, Lecturer Challenges Mortgage Law

The Petitioner claims that the a quo article offers excessive legal protection to owners of mortgage rights and ignores debtors and givers of mortgage rights. He deems this unlawful, discriminatory, and in violation of Article 27 paragraph (1) of the 1945 Constitution. He believes that, due to the enactment of the a quo articles, he had lost the right to an existence proper for a human being, and to maintain a livelihood with his wife and children.

The Petitioner also implicitly explained that Article 21 of the Mortgage Law stipulates that debtors are also givers of mortgage rights, when it is not so. He believes that givers of mortgage rights could have the intention to help a poor debtor and improve their life, as he did.

The Petitioner is involved in a concrete case where in early December 2019 he received a letter from the Star Auction action house dated November 13, 2019 that declared that Persil Merapi (his residence) would be auctioned off on January 14, 2020. He had taken various legal measures and came to a BCA branch to discuss the debtor’s credit issues. Despite all of his efforts, he received a notification dated December 10, 2020 regarding the auction, to take place on January 5, 2021 until 13:00 WIB. He was also asked to empty the property. Motivated by his wish so that this wouldn’t happen to others, he requested that the norm be declared unconstitutional.

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 5/25/2021 15:22 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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