The judicial review hearing of Law No. 11 of 2011 on the Attorney General’s Office, Thursday (4/7/2022). Photo by Humas MK/Bayu.

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Thursday, April 7, 2022 | 14:28 WIB

JAKARTA, Public Relations—The second judicial review hearing of Law No. 11 of 2011 on the Amendment to Law No. 16 of 2004 on the Attorney General’s Office was held at the Constitutional Court (MK) on Thursday, April 7, 2022.

The Petitioners conveyed the revisions to the petition through counsel Abdul Rohman, which include the legal standing. The Petitioners are state civil apparatus (ASN) pursuant to Law No. 5 of 2014 on State Civil Apparatus (ASN Law). They then asserted that Article 1 point 2 of the Attorney General’s Office Law stipulates that prosecutors are civil servants with functional positions that have specificity and carry out their duties, functions, and authorities based on statutory legislation.

“In principle, the Petitioners did not change the substance of the petition. However, there are some changes to the posita,” Abdul Rohman said to the bench chaired by Chief Justice Anwar Usman.

Also read: Five Prosecutors Challenge Provision on Retirement Age 

The case No. 27/PUU-XX/2022 was filed by five prosecutors—Fentje Eyfert Loway, T. R. Silalahi, Renny Ariyanny, Martini, and Fahriani Suyuti. They challenge Article 12 letter c of the Attorney General’s Office Law, which reads, “The prosecutor shall be honorably discharged from his/her position because he/she: … c. has reached the age of 60 (sixty) years.”

At the preliminary hearing on Thursday, March 17, 2022, counsel Abdul Rohman said the five prosecutors believed their constitutional rights had been harmed due to the ambiguity of Article 12 letter c of the Attorney General’s Office Law on the retirement age of prosecutors, while the Elucidation only reads “Sufficiently clear.”

He added that, based on the a quo law, as part of the judiciary, the prosecution should not be discriminated against in their functional position and their retirement age. The Petitioners are nearing 59 years of age. When they turn 60 they will be forced to resign due to the a quo provision. 

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

Translation uploaded on 4/8/2022 12:14 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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