Chief Justice Anwar Usman reading out a decree on the judicial review of Law No. 30 of 2014 on Government Administration, Tuesday (8/31/2021). Photo by Humas MK/Ifa.

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Tuesday, August 31, 2021 | 17:31 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) granted the withdrawal of the judicial review petition of Law No. 30 of 2014 on Government Administration at a ruling hearing on Tuesday, August 31, 2021. The petition was filed by Moch. Ojat Sudrajat S., an entrepreneur and activist of public information in Banten Province.

The Decree No. 35/PUU-XIX/2021 was read out by Chief Justice Anwar Usman. He said the Court had received the petition, dated June 18, 2021, on June 21. The petition was recorded in the electronic constitutional case registration book (e-BRPK). However, on July 26, the Court received a letter from the Petitioner requesting the withdrawal of the material judicial review petition.

To exercise caution and accuracy, the Constitutional Court needed to ask for clarification from the Petitioner at the hearing. Therefore, a preliminary hearing was held on Tuesday, August 3, 2021, where the Petitioner confirmed that he had requested that the petition be withdrawn and insisted on it. Article 35 paragraphs (1) and (2) of the Constitutional Court Law states that a petition that has been withdrawn cannot be re-filed.

“[The Court] orders the Chief Registrar of the Constitutional Court to record the withdrawal of the petition case No. 35/PUU-XIX/2021 in the electronic constitutional case registration book (e-BRPK) and to return the copies of the petition to the Petitioner,” said Chief Justice Anwar Usman reading out the verdict.

Also read: Petitioner of Government Administration Law Withdraws Petition

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.

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

Translation uploaded on 9/2/2021 14:05 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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