Constitutional Justices Enny Nurbaningsih, Saldi Isra, and Daniel Yusmic P. Foekh opening the petition revision hearing of the material judicial review of Article 48 paragraph (1) of Law No. 11 of 2019 on the National System of Science and its elucidation, Monday (10/4/2021). Photo by Humas MK/Panji.

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Monday, October 4, 2021 | 18:18 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held another material judicial review hearing of Article 48 paragraph (1) of Law No. 11 of 2019 on the National System of Science and Technology (Sisnas Iptek) as amended by Article 121 of Law No. 11 of 2020 on Job Creation, and its elucidation, on Monday, October 4, 2021. This second hearing was chaired by Constitutional Justice Enny Nurbaningsih to hear the petition revision by researcher Heru Susetyo.

At this hearing for case No. 46/PUU-XIX/2021, the Petitioner was represented by Wasis Susetio, who confirmed that there is now only one petitioner in the case: Heru Susetyo. The Petitioner’s researcher appointment letter and papers in journals were submitted as proof of his status.

The Petitioner affirmed that he challenges Article 48 paragraph (1) of Law No. 11 of 2019 on the National System of Science and Technology (Sisnas Iptek) as amended by Article 121 of Law No. 11 of 2020 on Job Creation, and its elucidation, along the words/phrases ‘integration’ and ‘among other things’ in the elucidation. As a member of the Regional Research Council of DKI Jakarta Province, he feels harmed directly by the establishment of BRIN, which is an integration of research bodies.

“Those who are not civil servants or [state civil apparatuses (ASNs)] could potentially not able to work at BRIDa any longer. The Petitioner is also concerned about the future of research and studies due to the establishment of a superbody,” Wasis explained.

Also read: Provision on Integration of Research Agencies to BRIN Challenged

The Petitioner requested the material judicial review of the word ‘integrated’ in Article 48 paragraph (1) of the Sisnas Iptek Law and the phrase ‘among other things’ in its elucidation. He believes his constitutional rights have been harmed because the word ‘integrated’ in the a quo law is ambiguous. It is not clear whether it only concerns coordination of the preparation of plans, programs, budgets, and resources of science and technology in the fields of research, development, study, and application to produce inventions and innovations as scientific foundations in the formulation and stipulation of national development policies or the integration of the institutions.

The Petitioner argues that Article 42 of Law No. 11 of 2019 as a description or derivative of Article 13 paragraph (2) of Law No. 11 of 2019 clearly states that science and technology institutions consist of: a. research and development institutions, research and application institutions, universities, business entities, and supporting institutions. Referring to the provision of Article 42 in relation to coordination, the coordinated institutions are as stipulated in Article 42 of Law No. 11 of 2019. Therefore, in relation to the establishment of BRIN to carry out integrated research, development, study, and application, as well as inventions and innovations, the word ‘integrated’ gives rise to various interpretations, whether it is interpreted as coordination so that the existence and function of the institution remains as Article 42 of the Sisnas Iptek Law or as the synthesis of various government research institutions into one: BRIN.

He also argues that the word ‘integrated’ cannot be separated from the previous articles—Articles 13, 42, 59, 60, 61, 62, 63, 64, 65, 66, 67, 71, and 79. Thus, it can be concluded that the central government only serves as a coordinator. This is because the Sisnas Iptek Law explicitly states that BRIN is the central agency for research, development, study, and application as well as inventions and innovations. Thus, BRIN is a body that coordinates various institutions that carry out those activities, such as BATAN (the National Nuclear Energy Agency), BPPT (the Agency for the Assessment and Application of Technology), LIPI (the Indonesian Institute of Sciences), and LAPAN (the National Institute of Aeronautics and Space of Indonesia).

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

Translation uploaded on 10/5/2021 09:22 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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