Constitutional Justice M. Guntur Hamzah leading the judicial review of the Lawmaking Law for case No. 8/PUU-XXI/2023, Monday (2/6/2023). Photo by MKRI/Panji.

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Monday, February 6, 2023 | 14:38 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) held the second judicial review hearing of Law No. 12 of 2011 on Lawmaking petitioned by Trijono Hardjono, Muhammad Afif Syairozi, Salyo Kinasih Bumi, Hendrikus Rara Lunggi, Muhammad Fajar Ar Rozo, Abdul Ghofur, and Frederikus Patu. The petition revision hearing for case No. 8/PUU-XXI/2023 took place on Monday, February 6, 2023 in the panel courtroom.

Before Constitutional Justices M. Guntur Hamzah (panel chair), Manahan M. P. Sitompul, and Saldi Isra, on behalf of the Petitioners, Trijono Hardjono conveyed the revisions to the petition. They affirmed their legal standing members of Langkah Juang Pemulihan Kedaulatan Rakyat (“Steps to the Recovery of the People’s Sovereignty”). They also explained the need for the state policy outlines (PPHN), which had been a much-discussed topic as of late.

“So, the point of the petition is that the decree of the MPR lost its legal force, while the articles and paragraphs [being petitioned] stipulate that it is part of the hierarchy of norms of law. Therefore, the legal uncertainty of the MPR decree in the legislative hierarchy is related to Article 3 of the 1945 Constitution,” he said explaining the unconstitutionality of 7 paragraph (1) letter b of the Lawmaking Law and its elucidation as well as Article 18 letter b and its elucidation.

Also read: Activists Challenge MPR’s Position in State Administration

The Petitioners wish to return the people’s sovereignty to the hands of the People’s Consultative Assembly (MPR), who they believe merely functions as a bridge between the House of Representatives (DPR) and the Regional Representatives Council (DPD) after the amendment to the 1945 Constitution. They also believe that the restriction on the application of the MPR’s decision in the preparation of the Prolegnas (National Legislative Program) following Article 18 letter b of the Lawmaking Law has led to legal uncertainty because it has been stripped of constitutional authority over legal products.

The Petitioners request that the Court declare the manuscript of the Constitution by the Investigating Committee for Preparatory Works for Independence on August 18, 1945 valid temporarily as the legal basis for the Unitary State of the Republic of Indonesia; declare the state administration, the House, and the DPD temporarily valid; and validate the regional government and the DPRD resulting from the 2019 Election.

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Andhini S. F.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 2/8/2023 11:23 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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