Deputy Chief Justice Aswanto reading the decree on the judicial review of Law No. 30 of 2014 on Government Administration, Tuesday (5/31/2022). Photo by Humas MK/Ifa.

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Tuesday, May 31, 2022 | 19:37 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) issued Decree No. 46/PUU-XX/2022 on the judicial review of Law No. 30 of 2014 on Government Administration. The petition was filed by Moch Ojat Sudrajat.

“[The Court] rules, grants the withdrawal of the Petitioner’s petition,” said Deputy Chief Justice Aswanto alongside seven other constitutional justices at the ruling hearing on Tuesday, May 31, 2022.

On March 24, the Court’s Registrar’s Office received the petition by Moch. Ojat Sudrajat S. dated March 23, 2022 based on petition filing certificate No. 40/PUU/PAN.MK/AP3/ 03/2022, dated March 30. It was recorded in the electronic constitutional case registration book (e-BRPK) on April 1 as case No. 46/PUU-XX/2022 on the judicial review of Law No. 30 of 2014 on Government Administration.

Pursuant to Article 34 of the Constitutional Court Law, the Court had examined the petition at a panel preliminary hearing on April 14 and, pursuant to Article 39 of the Constitutional Court Law and Article 41 paragraph (3) of the Constitutional Court Regulation (PMK) No. 2 of 2021 on the Procedural Law for Judicial Review Cases, the justice panel had advised the Petitioner to revise the petition.

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

The Court had scheduled a petition revision hearing for May 11, but on May 9 the Registrar’s Office received the Petitioner’s letter No. 050/PRI-MK/V/2022 on the delay/reschedule of the hearing for case No. 46/PUU-XX/2022. The Court then deliberated on May 12 and decided to grant the Petitioner’s request for delay. At the same time, it ordered the Registrar’s Office to reschedule the petition revision hearing for May 23.

Also read: Petitioner of Govt Administration Law Requests Reschedule 

Then, on May 20, the Court received the Petitioner’s letter No. 038/Pri-MK/V/2022 on the withdrawal of the petition. The Court held the petition revision hearing on May 23, where the Petitioner declared his wish to withdraw the petition.

Article 35 paragraph (1) of the Constitutional Court Law reads, “The petitioner may withdraw his/her petition before or during the examination thereof by the Constitutional Court,” while paragraph (2) reads, “Withdrawal of a petition as referred to in paragraph (1) means that the petition may not be filed again.”

As a consequence, the Court deliberated on May 23 and decided that the withdrawal request had been legally grounded and, thus, the Petitioner cannot re-file the a quo petition.

Based on the aforementioned legal considerations, the Court ordered the Chief Registrar to record the withdrawal in the e-BRPK and to return copies of the petition to the Petitioner. 

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

Translation uploaded on 6/3/2022 11:38 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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