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Constitutional Justice Saldi Isra opening the panel judicial review hearing of Law No. 30 of 2014 on Government Administration, Tuesday (3/8/2021). Photo by Humas MK/Panji.

Tuesday, August 3, 2021 | 15:23 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held a judicial review hearing of Law No. 30 of 2014 on Government Administration on Tuesday, August 3, 2021 in the panel courtroom. The case No. 35/PUU-XIX/2021 was filed by Moch. Ojat Sudrajat S., an entrepreneur and activist of public information in Banten Province.

However, at this preliminary hearing, the Petitioner withdrew his petition of Article 75 paragraph (1) of the Government Administration Law, which reads “Any citizen who is harmed by the Decision and/or Action may file an Administrative Action to the Government Official or Superior of the Official who determines and/or carries out the Decision and/or Action.” He believed the norm was in violation of Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution.

In his petition, the Petitioner argued that Article 75 paragraph (1) of the Government Administration Law provided the public with the opportunity to petition the decisions and/or actions of government officials who carry out government functions in court. However, this hope was dashed after four Serang State Administrative Court decisions that had declared the Petitioner's suits inadmissible on the grounds that the Petitioner had not suffered any loss and had no interest in the cases.

The Petitioner believed the phrase ‘any citizen who is harmed’ in the norm has the same meaning as that in Article 53 paragraph (1) of Law No. 5 of 1986 on the State Administrative Court (PTUN). However, the Serang PTUN decisions have rendered Law No. 30 of 2014 ineffective in providing the public with legal protection and making them legal subjects. In fact, they have resulted in the absence of recognition, guarantee, protection, and fair legal certainty before the law.

Before the justice panel chaired by Constitutional Justice Saldi Isra, Ojat confirmed the petition withdrawal and the written request that he had submitted to the Registrar’s Office.

“This hearing has received the Petitioner’s confirmation and the case will not be continued. We have confirmed that the Petitioner has withdrawn the petition. Please wait for the pronouncement of the decree, after we bring [the case] to the justice deliberation meeting,” Justice Saldi said alongside Constitutional Justices Manahan M. P. Sitompul and Daniel Yusmic P. Foekh.

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

Translation uploaded on 8/4/2021 11:21 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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