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Constitutional Justice Manahan M. P. Sitompul chairing the material judicial review hearing of Law No. 14 of 2008 on Public Information Transparency, Wednesday (4/8/2021). Photo by Humas MK/Bayu.

Wednesday, August 4, 2021 | 21:40 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held a judicial review hearing of Law No. 14 of 2008 on Public Information Transparency (KIP) on Wednesday, August 4, 2021. The case No. 36/PUU-XIX/2021 was filed by Moch. Ojat Sudrajat, an activist of public information in Banten Province.

The hearing was a preliminary hearing, but the Court had received a petition withdrawal letter from the Petitioner and, thus, asked the Petitioner for confirmation on the letter. The justice panel comprised of Constitutional Justices Manahan M. P. Sitompul (chair), Daniel Yusmic P. Foekh, and Saldi Isra. After Justice Manahan opened the hearing, he revealed that the Court had received the petition withdrawal letter on July 27, 2021.

“[The Court] has received [the letter] on July 27, 2021. The letter was dated July 26. This was supposed to be the first hearing, but because the (withdrawal) letter had been accepted, the preliminary hearing does not need to continue. [The Court] has received confirmation that the letter is to withdraw the case No. 36/PUU-XIX/2021. Is that correct?” Justice Manahan asked the Petitioner.

The Petitioner, who attended the hearing virtually, confirmed it. “Yes, Your Honor,” he answered.

Justice Manahan then responded by explaining that the letter would be forwarded to the justice deliberation meeting (RPH). He then concluded the hearing.

Moch. Ojat Sudrajat has filed several judicial review petitions to the Court. Not long ago, he withdrew a petition on Law No. 11 of 2020 on Job Creation.

Lawsuit to Serang District Court

In this case, the Petitioner challenged Article 4 paragraph (4) of the KIP Law, which reads, “Every Public Information Requester is entitled the right to file a lawsuit to the court of law in case of receiving obstruction or failure in obtaining Public Information pursuant to the provisions of this Law.”

He filed a lawsuit to the Serang District Court for an allegation of unlawful action, i.e., the court’s failure to hold a hearing for the Appeal of Information Dispute Settlement No. 054/V/KI BANTEN-PS/2020 for the Banten Province Information Commission from May 15, 2020 to the end of January 2021. He alleged that the Serang District Court had violated Article 2 paragraph (3) and Article 38 paragraph (2) of the KIP Law as well as the Information Commission Regulation (PERKI) No. 1 of 2013.

The Petitioner alleged that Article 4 paragraph (4) of the KIP Law was ambiguous and/or could be interpreted in many ways, as indicated by the Serang District Court’s interlocutory decision No. 17/Pdt.G/2021/PN.Srg that held, “the District Court has no authority to adjudicate on this case.” Therefore, the Petitioner filed an appeal to the Banten High Court. Due to this factual experience, the Petitioner’s constitutional right to legal certainty and equality before the law has actually or at least potentially been harmed by the enactment of the a quo article, especially if the phrase ‘lawsuit to the court of law’ is interpreted as the state administrative court (PTUN).

The Petitioner argued that if his petition was granted, the impairment to his constitutional right and/or authority would not occur and there would be no flawed court decisions in the future.

The Petitioner argued that the Indonesian citizens’ right to public information was protected and guaranteed by the KIP Law. Article 2 paragraph (3) of the a quo law also guarantees that Indonesian citizens receive public information quickly, effectively, economically, and easily. PERKI No. 1 of 2013 also stipulates that public information dispute settlement be swift, effective, cost-effective, and easily. Article 38 paragraph (2) of the a quo law even provides a long deadline for public information dispute settlement to 100 workdays

The Petitioner obtained evidence that indicated the deliberate stalling of the settlement of public information dispute case No. 054/V/KI BANTEN-PS/2020: a list of petitioners who filed for public information appeals to the Banten Province Information Commission, a list of those cases that had been ruled, and correspondence between the Banten Province Information Commission and the Central Information Commission (KIP). He then filed the lawsuit No. 17/Pdt.G/2021/PN to the Serang District Court on February 8, 2021 against 5 Banten Province Information Commission members and the Banten Province Information Commission Registrar for an allegation of unlawful action.

Writer           : Nano Tresna Arfana
Editor          : Nur R.
PR               : Fitri Yuliana
Translator     : Yuniar Widiastuti (NL)

Translation uploaded on 8/5/2021 00:40 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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