Chief Justice Anwar Usman reading out the verdict of the judicial review of the Fiduciary Law for case No. 57/PUU-XIX/2021, Wednesday (12/15/2021). Photo by Humas MK/Ilham W. M.

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Wednesday, December 15, 2021 | 18:23 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) decided not to grant a judicial review petition of Law No. 42 of 1999 on Fiduciary Security. It believes the Petitioners did not have legal standing to file the petition and even if they had, their entire arguments would not have been legally warranted. The ruling hearing for case No. 57/PUU-XIX/2021 took place on Wednesday, December 15, 2021 in the plenary courtroom.

The petition was filed by three students of Sultan Ageng Tirtayasa University (Untirta)—Muhammad Armand Prasetyanto, Mohamad Fikri Nur Yahya, and Bagas Febriansyah. They challenged Article 15 paragraph (2) of the Fiduciary Law and its elucidation against Article 28D paragraph (1) of the 1945 Constitution.

Also read: Untirta Students Challenge Execution Procedure in Fiduciary Law

They questioned the ambiguous execution procedure of fiduciary security. They believed that the Constitutional Court Decisions No. 18/PUU-XVII/2019 and 2/PUUXIX/2021 had changed fiduciary security. Decision No. 18/PUU-XVII/2019, the Court ruled that Article 15 paragraph (2) of the Fiduciary Law and its elucidation are unconstitutional. However, in Decision No. 2/PUUXIX/2021the Court essentially declared that the execution of a fiduciary security certificate through a district court is only an alternative in the event that there is no agreement between the creditor and the debtor, in relation to default and voluntary submission of the object of security from the debtor to the creditor. They believed there were discrepancies in the two decisions, leading to legal uncertainty of the regulation in Indonesia, in this case on the execution of fiduciary security.

Also read: Students Challenging Fiduciary Law Convey Revisions

In its opinion, read out by Constitutional Justice Suhartoyo, the Court asserted that it had not found any evidence to indicate that the Petitioners as students had been actively assisting the community whose constitutional rights had been violated after passing of the Constitutional Court Decisions No. 18/PUU-XVII/2019 and 2/PUUXIX/2021. It declared the Petitioners lacking legal standing to file the petition, thus, although the case was under the Court’s jurisdiction, the petition was not considered further.

“Even if the Petitioners had legal standing, their arguments were not legally warranted in their entirety,” said Constitutional Justice Suhartoyo alongside Chief Justice Anwar Usman and the other constitutional justices.

Writer        : Sri Pujianti
Editor        : Nur R.
PR            : Andhini S. F.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 12/16/2021 17:16 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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