Panel of constitutional justices entering the courtroom for the petition revision hearing of case No. 60/PUU-XIX/2021 on the judicial review of the National Police Law, Monday (12/06/2021). Photo by Humas MK/Ilham W.M.

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Monday, December 6, 2021 | 14:46 WIB

JAKARTA, Public Relations—The petition revision hearing of the material judicial review of Law No. 2 of 2002 on the Indonesian National Police was held by the Constitutional Court (MK) on Monday, December 6, 2021 virtually. The Petitioners revised the article to review and the touchstone in the elaboration of the Court’s authority, following the advice of Constitutional Justice Enny Nurbaningsih at the preliminary hearing.

“We have revised page 3, point 5,” said the Petitioners’ counsel Eliadi Hulu before Constitutional Justices Manahan M. P. Sitompul (panel chair), Enny Nurbaningsih, and Daniel Yusmic P. Foekh.

The Petitioners had also revised the legal standing and included all interrelated articles in the Police Law, following Justice Manahan’s advice. Meanwhile, the background of the petition in the posita remained unchanged.

Also read: Petitioners React over Police Checks in Media 

The material judicial review petition No. 60/PUU-XIX/2021 of Law No. 2 of 2002 on the Indonesian National Police was filed by Leonardo Siahaan and Fransiscus Arian Sinaga. They challenge Article 16 paragraph (1) letter d of the Police Law, which reads, “In implementing the duties as referred to in Article 13 and Article 14 for criminal cases, the National Police of the Republic of Indonesia shall authorize: d. to order the suspect to stop and examine his/her identity.”

At the preliminary hearing on Monday afternoon, November 22, 2021, counsel Eliadi Hulu explained that the Petitioners are Indonesian citizens who could potentially be examined by the police who are checking for IDs following the a quo article.

“The Petitioners claimed they had anxiety that when they are doing their activity they could be stopped by the police to check their identity or ID cards following the a quo law,” he said.

Hulu said such patrols often occur at night, but are also common in the day. Police officers often scold, yell at, and shout at the person being examined in ways that demean human dignity. Such police checks are often available on television programs such as Program 86 and Jatanras on Net TV and The Police on Trans7 as well as YouTube channels such as Trans7 Official and 86 & Custom Protection.

The Petitioners believe that whether or not the identity of the person being investigated is complete, whether they are under the influence of alcohol or not, whether they are something wrong or not, do no excuse police officers to take actions that demean human dignity, let alone to have it broadcast to the general public on television, YouTube, or other media. They are also concerned about the potential mental damage caused by the consequences after the recording is accessed by the public.

Writer        : Nano Tresna Arfana
Editor        : Nur R.
PR            : Andhini S. F.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 12/8/2021 10:23 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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