The judicial review hearing of the Government Administration Law to examine revisions to the petition, Wednesday (5/11/2022). Photo by Humas MK/Ilham W. M.

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Wednesday, May 11, 2022 | 15:32 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held a second hearing to review Law No. 30 of 2014 on Government Administration (AP Law) virtually on Wednesday, May 11, 2022. The case No. 46/PUU-XX/2022 was filed by Moch Ojat Sudrajat, a public information activist from Lebak, Banten.

The hearing had been scheduled to examine the revisions to the petition, but the Petitioner was indisposed and requested a reschedule.

“The Petitioner requested a delay or reschedule because [he was] indisposed, so he cannot be present to convey the revisions. The request will be discussed in the justice deliberation meeting, whether [it] would be granted or whether the Court feel no petition revision hearing necessary, since the text of the petition has been received by the Court. Therefore, this hearing for case No. 46/PUU-XX/2022 is complete and adjourned,” said Constitutional Justice Saldi Isra as panel chair.

Also read: “Superior-Subordinate” Administration Agencies in Govt Administration Law Questioned 

At the preliminary hearing on Thursday, April 14, 2022, the Petitioner conveyed his constitutional impairment due to Article 4 paragraph (1) letter d of the Government Administration Law. He alleged that 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.

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.”

The Petitioner 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. 

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

Translation uploaded on 5/12/2022 08:03 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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