Monday, November 15, 2021 | 11:54 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, November 15, 2021. This third hearing for case No. 46/PUU-XIX/2021 was scheduled to hear the testimonies of the House of Representatives (DPR) and the Government for the petition by researcher Heru Susetyo. However, they were not prepared to testify.
“At the moment, the House Commission III is having another appointment and as a secretary I am expected to attend it. Therefore, we hope that the testimony of the House can be rescheduled,” said House Commission III member Supriansa at the hearing that took place in the plenary courtroom.
The president’s legal counsel, expert staff for Regulation, Law Enforcement, and Economic Resilience of the Coordinating Ministry for Economic Affairs Elen Setiadi, requested the same thing. “As per the letter sent to the Court, the Government requested the delay of the president’s testimony,” she said virtually.
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.
Also read: Researcher Revises Petition on Provision on Integration of Research Agencies to 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 11/15/2021 14:18 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.
Monday, November 15, 2021 | 11:54 WIB 300