Chief Justice Anwar Usman at the ruling hearing of the judicial review of Law No. 11 of 2020 on the Job Creation Law, Tuesday (8/31/2021) in the plenary courtroom. Photo by Humas MK/Ifa.

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Tuesday, August 31, 2021 | 21:34 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) approved the withdrawal of the judicial review petition of Law No. 11 of 2020 on the Job Creation Law at the ruling hearing of the Decree No. 30/PUU-XIX/2021 on Tuesday, August 31, 2021 in the plenary courtroom. The petition was filed by Moch. Ojat Sudrajat S.

The hearing was chaired by Chief Justice Anwar Usman alongside the other eight constitutional justices. Reading out the considerations of the decree, Justice Anwar said that, pursuant to Article 34 of the Constitutional Court Law, the Court had held a panel preliminary hearing on July 22, 2021 virtually. At the hearing, the Petitioner had explained the points of his petition.

On July 27, the Court received a letter from the Petitioner dated July 26 on the withdrawal of the petition. to exercise caution and thoroughness, on July 27 the Court asked the Petitioner to confirm the letter. After the preliminary hearing on August 3 and a justice deliberation meeting (RPH) on August 4, the Court decided that the petition withdrawal request was legally grounded. Therefore, the Petitioner’s petition cannot be refiled. The Court also ordered the Chief Registrar to record the withdrawal in the electronic constitutional case registration book (e-BRPK) and to return the Petitioner’s copies of the petition.

“[The Court] stipulates, grants the withdrawal of the Petitioner’s petition,” said Justice Anwar reading out the verdict.

Also read:

Public Information Activist Challenges Job Creation Law on Fictitious Positive Appeal 

Public Information Activist Withdraw Petition on Job Creation Law

The Petitioner challenged 53 paragraph (5) and Article 175 point 6 of the Job Creation Law. As an activist of public information in Banten Province, he believed the norm had harmed justice seekers. He is involved in a concrete case where he filed a fictitious positive appeal against the governor of Banten (Respondent) for his silence over the Appeal No. 023/PRI-KI/II/2021 dated February 15, 2021 on the Appeal to Temporarily Dismiss the Commissioner of the Information Commission of Banten Province of 2012–2023 due to a civil suit at the Serang District Court on February 16, 2021.

The suit No. 17/Pdt.G/2021/PN was filed on February 8, 2021 against 5 Banten Province Information Commission members/commissioner of 2019-2023 and the Banten Province Information Commission Registrar (Defendants I and II). The Information Commission then, based on Article 7 letter c of the Information Commission Regulation (PERKI) No. 3 of 2016 on the Members’ Code of Ethics, filed for a temporary dismissal of those members to the Chairperson of the Provincial Information Commission, to forward to the governor.

Article 175 point 6 of the Job Creation Law on 53 paragraph (2) of the Government Administration Law stipulates that the Respondent, in this case the Banten governor, must stipulate and/or make a decision and/or action within 5 working days after the complete appeal is received. However, until April 30, 2021, both the appeal and the objection letter that the Petitioner filed was ignored. The Petitioner then filed a suit to the Serang State Administrative Court (PTUN) to receive a decision of the appeal in order to receive a decision and/or action by a government agency and/or official. His suit was within the 90-day deadline as per Article 6 of the Supreme Court Regulation (PERMA) No. 8 of 2017 on the Procedure to Receive Decisions of Appeals to Receive Decisions and/or Actions by Government Agency and/or Officials.

Based on Article 53 paragraphs (4) and (5) of Law No. 30 of 2014 on Government Administration, citizens are guaranteed to obtain such a decision no later than 21 working days after the appeal is submitted to the PTUN. 

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

Translation uploaded on 9/3/2021 10:50 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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