The Petitioners and their legal counsels at the judicial review hearing of Law No. 13 of 2022 on Lawmaking, Tuesday (8/9/2022). Photo by Humas MK/Ifa.
Tuesday, August 9, 2022 | 16:08 WIB
JAKARTA (MKRI) – The Constitutional Court (MK) held another judicial review hearing of Law No. 13 of 2022 on the Second Amendment to Law No. 12 of 2011 on the Formation of Legislation (Lawmaking/P3 Law) on Tuesday, August 9, 2022. Constitutional Justices Manahan M. P. Sitompul (panel chair), Arief Hidayat, and Daniel Yusmic P. Foekh presided over the hearing.
The Petitioners’ legal counsel M. Imam Nasef conveyed the revisions to the petition. “Following the direction, recommendations, and advise from Your Excellencies, we made an effort to present all [Petitioners], but out of the ten who intended to appear, only eight do. Representing the Labor Party as Petitioner I are Ir. H. Said Iqbal, the president, and Ferri Nurzali, the secretary-general. There is an individual petitioner, Ramidi. There are Agus Ruli Ardiansyah, Ilhamsyah, Sunandar, Didi Suprijadi, and Hendrik Hutagalung, as well,” he said to the justice panel.
Petitioners Riden Hatam Aziz and R. Abdullah were not in attendance. The former was on an official work visit to the US, while the latter was indisposed. The legal team in attendance were Said Salahudin, M. Imam Nasef, Paulus Sanjaya, James Simanjuntak, Fahmi Sungkar, Sucipto, Hasan, M. Jamsari, Sopiyudin Sidik, Hechrin Purba, and Galih Wawan.
Also read: Lawmaking Law Challenged by Labor Party for Alleged Potential to Revive Job Creation Law
Signatures’ Authenticity
At the previous hearing on Wednesday, July 27, Constitutional Justice Arief Hidayat asked about the signature authenticity of the Petitioners as the giver of power of attorney. He highlighted different signatures between those on the power of attorney and on the KTP (ID cards) in the initial petition.
This time, the justice panel observed the signatures of Said Iqbal, Ferri Nurzali, Ramidi, Agus Ruli Ardiansyah, Ilhamsyah, Sunandar, Didi Suprijadi, and Hendrik Hutagalung once again. They asserted that the signatures were authentic.
“Mr. Said Iqbal, did you sign the power of attorney for this [revised petition]? Was it for the previous hearing or for today?” Justice Manahan asked.
“Correct, Your Honor. I signed both, Your Honor, for the previous hearing and today, those were my signatures,” Said answered.
Next, Nasef conveyed that the Petitioners’ interest in the case had been elaborated in the revised petition, including the relationship between the Petitioners and the law being petitioned.
“The relationship between the Petitioner I and the formation of the Lawmaking Law is that most of the eleven organizations supporting the Labor Party in the fourth congress of the Labor Party, as validated by a notary and the Ministry of Law and Human Rights as we mentioned, are workers unions or labor unions and farmers unions that have filed formal and/or material judicial review petitions of the Job Creation Law to the Constitutional Court,” he explained.
Also read: Labor Party Focuses on Formal Petition Against Lawmaking Law
The case No. 69/PUU-XX/2022 was filed by the Labor Party, represented by president Said Iqbal and secretary-general Ferri Nurzali. They formally challenged Law No. 13 of 2022 on the Second Amendment to Law No. 12 of 2011 on the Formation of Legislation (Lawmaking/P3 Law).
At the preliminary hearing on Thursday, July 14, Said Iqbal argued that the enactment of the Lawmaking Law could ‘revive’ Law No. 11 of 2020 on Job Creation, which Court had declared formally defective.
“The P3 Law, in our opinion, is the entryway to discussing the Job Creation Law, which the Court declared conditionally unconstitutional and formally defective. Therefore, we have a stake to ensure that the P3 Law [...] be ruled by the honorable Constitutional Justices formally and materially invalid or illegitimate,” he stressed.
Writer : Nano Tresna Arfana
Editor : Nur R.
PR : Muhammad Halim
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 8/10/2022 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.
Tuesday, August 09, 2022 | 16:08 WIB 442