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Saturday, May 29, 2021 | 18:25 WIB

Constitutional Justice Saldi Isra leading the petition revision hearing of the judicial review of Law No. 6 of 2018 on Health Quarantine, Friday (28/5/2021). Photo by Humas MK/Ifa.

JAKARTA, Public Relations—The Constitutional Court (MK) held the petition revision hearing of the judicial review of Law No. 6 of 2018 on Health Quarantine on Friday, May 28, 2021. The case No. 14/PUU-XIX/2021 was filed by Rowindo Hatorangan Tambunan, who attended the hearing virtually. 

“Your Honors, you advised to add Law No. 15 of 2019 that amended Law No. 12 of 2011 on Lawmaking into the Court’s authority,” Tambunan said before the justices. He also has added the phrase “the 1945 Constitution” behind the article he challenges, following the justices’ advice at the preliminary hearing. He also said that in the petition he answered the justices’ question whether he challenges the procedure of the implementation of legislation or the norm.

“In short, [I challenge] the norm, Your Honors. The abstract norm. however, [I] will explain in the background to the petition,” he added.

He also revised the petition to focus on the subject matter and its impacts, because the law in question is being used to mitigate the COVID-19 pandemic. 

Also read: Resident Questions Impacts of DKI Jakarta PSBB 

The Petitioner challenges the material substance of Article 10 paragraph (1) of the Health Quarantine Law, which stipulates that the central government may declare and revoke the public health emergency status.

“The a quo article has harmed my constitutional rights as a citizen due to the enactment of large-scale social restrictions in the Jakarta Special Capital Region on April 10, 2020,” Tambunan said before the panel chaired by Constitutional Justice Saldi Isra on Wednesday, April 28, 2021.

On April 9, 2020, the Jakarta Governor issued the Decree No. 380 of 2020 on the Enactment of Large-Scale Social Restrictions (PSBB) to Manage the coronavirus disease 2019 (COVID-19) in the Jakarta Special Capital Region. It restricted the Petitioner’s daily activities because his place of business closed. He was unable to perform worship for the same reason, nor could he send his nephew/niece to school.

The Government’s policies, made out of panic due to misinformation and disinformation, led to decisions to push for PSBB (lockdown). The Petitioner believes that had the public health emergency status been declared with the people’s sovereignty in mind, it wouldn’t have resulted in the Petitioner’s constitutional loss. 

Writer        : Nano Tresna Arfana
Editor        : Nur R.
PR            : Lambang T. S.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 5/31/2021 10:41 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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