The petition revision hearing of the judicial review of Law No. 15 of 2006 on the Audit Board, Monday (2/20/2023). Photo by MKRI/Ilham W. M.

---

Monday, February 20, 2023 | 11:47 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of Article 18 letter c of Law No. 15 of 2006 on the Audit Board (BPK) on Monday, February 20, 2023. The petition revision hearing was presided over by Constitutional Justices Saldi Isra, Wahiduddin Adams, and Suhartoyo.

The Petitioners’ legal counsel Kores Tambunan conveyed the revisions to the petition, such as elaborating the Court’s jurisdiction, strengthening argument on constitutional impairment, adding Article 3 letter a of the Constitutional Court Regulation (PMK) No. 2 of 2021 on the Procedural Law for Judicial Review Cases

“In addition, the Petitioners added backgrounds for the petition by comparing [BPK’s (Audit Board)] position to other state institutions such as the [KPU (General Elections Commission)], [Bawaslu (Elections Supervisory Body)], and BPK in other countries such as Spain, the U.S., and Mexico,” Tambunan explained alongside other legal counsels on site at the Constitutional Court.

On the argument that Article 18 letter c of the BPK Law is against Article 1 paragraph (3), Article 27 paragraph (2), Article 28C paragraph (1), Article 28D paragraph (1), and Article 28I paragraph (2) of the 1945 Constitution, the Petitioners also added another view on the limitation of tenure, expanded their argument on productive age and open legal policy, and revised the way the articles in the petition is mentioned.

Also read: Retired Prosecution Civil Servants Challenge Age Limit of BPK Members

The case No. 9/PUU-XXI/2023 was filed by Patuan Siahaan, Tyas Muharto, and Poltak Manullang, retired civil servants of the Prosecution Office. They challenge Article 18 letter c of the BPK Law, which reads, “BPK’s Chairman, Deputy Chairman, and/or Members shall be honorably discharged from their positions based on a Presidential Decree upon the recommendation of BPK in the event of the following: c. having reached 67 (sixty-seven) years of age.”

At the preliminary hearing, the Petitioners’ legal counsel Kores Tambunan stated the article contradicted Article 1 paragraph (3), Article 27 paragraph (2), Article 28C paragraph (1), Article 28D paragraph (1), and Article 28I paragraph (2) of the 1945 Constitution. The Petitioners believe the phrase “having reached 67 (sixty-seven) years of age” have resulted in the dismissal of BPK members when they reach the age of 67 even though they hold office for five years and can be reelected for one more term. In other words, BPK members can hold office for no longer than two terms. Such a condition is detrimental to the Petitioners’ constitutional rights because they are unable to register as candidates of BPK members as stipulated in Article 13 of the BPK Law.

Writer        : Sri Pujianti
Editor        : Nur R.
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 2/21/2023 11:33 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.

---