The pronouncement of the decree on the judicial review hearing of Law No. 14 of 2008 on Public Information Transparency, Tuesday (8/31/2021). Photo by Humas MK/Ifa.

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Tuesday, August 31, 2021 | 17:23 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) passed a decree at the judicial review hearing of Law No. 14 of 2008 on Public Information Transparency (KIP) on Tuesday, August 31, 2021 in the plenary courtroom. The ruling hearing of case No. 36/PUU-XIX/2021 was chaired by Chief Justice Anwar Usman. The Court granted the request by Moch. Ojat Sudrajat to withdraw the petition.

“[The Court] declares, grants the withdrawal of the Petitioner’s petition,” Justice Anwar said.

In the legal considerations of the decree, the Court states that it received the petition by Moch. Ojat Sudrajat S. dated June 18, 2021 on June 21. It was recorded in the electronic constitutional case registration book (e-BRPK) as No. 36/PUU-XIX/2021. In his petition, Ojat challenged the phrase ‘lawsuit to the court of law’ in Article 4 paragraph (4) of the KIP Law insofar as interpreted as the state administrative court (PTUN).

The Court then received a letter from the Petitioner dated July 26 on a request to withdraw the petition. The Court held a preliminary hearing on Wednesday, August 4, 2021 to confirm the withdrawal, which the Petitioner affirmed.

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.”

The Petitioner, an activist of public information in Banten Province, 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).

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

Translation uploaded on 9/2/2021 12:31 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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