The petition revision hearing of the material judicial review of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, Thursday (8/25/2022). Photo by MKRI.

---

Thursday, August 25, 2022 | 13:38 WIB

JAKARTA (MKRI)—The Constitutional Court held the petition revision hearing of the material judicial review of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition (LPMPUTS Law) as amended by Law No. 11 of 2020 on Job Creation on Thursday, August 25, 2022.

The petition No. 76/PUU-XX/2022 was filed by Barid Effendi and Dedy Sani Ardi (Petitioners I-II), who challenge Article 34 paragraph (4) of the LPMPUTS Law, which reads, “Provisions regarding the organizational structure, duties, and functions of the secretariat and working group shall be further regulated in a decision of the Commission.”

Before Constitutional Justices Wahiduddin Adams (panel chair), Saldi Isra, and Suhartoyo, Barid conveyed the Petitioners’ intention to remove the Job Creation Law from the petition.

“Because [the petition] is irrelevant with the Job Creation Law, following [the justices’] advice at the hearing on August 10, we would like to remove [the Job Creation Law],” he said.

He also said that the part on the Court’s authority and the Petitioners’ legal standing had been simplified. He also conveyed that the number of petitioners had been changed from two to three.

“We have added a petitioner, Riris Munadiya, a current staff,” he said.

Meanwhile, he added, the Petitioners had added paragraph (2) to the subject of the petition in order to strengthen the petition, because paragraphs (2) and (4) are a unity on the KPPU secretariat, which is a source of ongoing debate and the Government repeatedly asked to revise.

Also read: 

Legitimacy of KPPU Secretariat Questioned 

Provisions regarding KPPU Challenged

Court Rejects Petition by Staff of KPPU Secretariat

The petition No. 76/PUU-XX/2022 was filed by Barid Effendi, Dedy Sani Ardi, and Riris Munadiya (Petitioners I-III). Petitioner I is a retired civil servant (PNS) who is currently serving at the Commission for the Supervision of Business Competition (KPPU) for 10 years as the head of the administrative bureau and an expert staff for institution and cooperation. He claimed to have not receive the same position and monetary rights as bureau heads at other state institutions because the structural position of KPPU secretariat is not acknowledged by the government.

Petitioner II has resigned from KPPU and became an entrepreneur. He believes the KPPU and its secretariat’s legal legitimacy is crucial in supporting it to carry out its duties and authorities and answer the demands and challenges of the times so as to guarantee healthy and competitive business climate and equal business opportunities.

Riris Munadiya holds a functional position as a senior investigator at the KPPU. He feels harmed because he did not receive official acknowledgement as a state institution staff.

The Petitioners alleged that Article 34 paragraph (4) of the LPMPUTS Law was unconstitutional because the constitutional authority to direct the organizational structure, duties, and functions of the secretariat and working group belong to the president pursuant to Article 4 paragraph (1) of the 1945 Constitution. Therefore, this delegation provision also contradicted Article 1 paragraph (3) of the 1945 Constitution as it did not go in line with the state administration order based on the law.

The Petitioners alleged that the unconstitutionality of the KPPU secretariat had not been resolved since the first period, claiming that there could have been interest in maintaining this problem. They asserted that the petition was legally grounded because aside from fighting for the Petitioners’ constitutional rights, it also did so for all Indonesian people and pushed the Government to reform the management of the KPPU secretariat.

In the petitum, the Petitioners requested that the Court declare Article 34 paragraph (4) of Law No. 5 of 1999 (State Gazette of 1999 No. 33, Supplement to the State Gazette No. 3817) unconstitutional and not legally binding.

Writer        : Utami Argawati
Editor        : Nur R.
PR            : Andhini S. F.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 8/25/2022 14:50 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.

---