The preliminary hearing of the judicial review of the Government Administration Law, Thursday (4/14/2022). Photo by Humas MK/Ilham W. M.

---

Thursday, April 14, 2022 | 10:47 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held a preliminary hearing to review Law No. 30 of 2014 on Government Administration virtually on Thursday, April 14, 2022. The hearing for case No. 46/PUU-XX/2022 was filed by Moch Ojat Sudrajat, a public information activist from Lebak, Banten.

The Petitioner felt aggrieved by the enactment of Article 4 paragraph (1) letter d of the Government Administration Law because according to him, based on the article, when any government agency that carries out the government functions mentioned in the 1945 Constitution is suspected of an unlawful act, the lawsuit made by citizens and/or private legal entities must be carried out in the State Administrative Court (PTUN) “after administrative efforts” in the form of objections and appeals. 

Petitioner’ Arguments

The Petitioner explained that the Government Administration Law was promulgated on October 17, 2014. Article 4 paragraph (1) letter d of the Law reads, “The scope of Government Administration arrangements in this Law includes all activities: … d. Other Government Agencies and/or Officials who carry out Government Functions as referred to in the 1945 Constitution of the Republic of Indonesia and/or other laws.”

He believes Article 4 paragraph (1) letter d of the Government Administration Law to be against his constitutional right to fair recognition, guarantee, protection, and legal certainty in the implementation of the judiciary as reflected in a simple judiciary, meaning clear and easy-to-understand judiciary without a convoluted process, as well as fast, cost-effective in seeking justice.

He confirmed that currently other government agencies and/or officials who carry out government functions, especially those formed under laws, can be said to have almost a hierarchical organizational structure. Agencies positioned at the center become “superior” to the ones located in the province and/or regency/city. However, this is not the case for the Information Commission.

“For example, between the Central Information Commission and the Provincial Information Commission, there is no 'superiority,’” the Petitioner said before the bench chaired by Constitutional Justice Saldi Isra.

Justices’ Advice

Constitutional Justice Wahiduddin Adams advised that the Petitioner’s profile as a public information activist must be accompanied by clear evidence. He also asked the Petitioner to improve his elaboration of the Court authority to lead to the review of the norms of the law in question.

“The legal standing needs to be elaborated further. There are rights and authorities given by the Constitution. Describe the constitutional impairment that the Petitioner suffered. There [should be] a causal relationship between the constitutional impairment and the article being reviewed,” Justice Wahiduddin said.

Next, Constitutional Justice Daniel Yusmic P. Foekh advised the Petitioner to attach the trial evidence of the Serang Administrative Court that the Petitioner had been involved in. “Is the trial still ongoing or has there been a decision? If there is a decision, find the attachment,” he said. He also advised the Petitioner to observe the format of the judicial review petition following Article 10 of the Constitutional Court Regulation (PMK) No. 2 of 2021.

Meanwhile, Constitutional Justice Saldi Isra advised the Petitioner to read and study the minutes of the hearing for case No. 46/PUU-XX/2022 through the Court’s website in full for the improvement of the petition at the next hearing. In addition, he highlighted the format of the Petitioner’s petition to be improved. 

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

Translation uploaded on 4/18/2022 08:15 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.

---