Trijono Hardjono and Muhammad Afif Syairozi as Petitioners following the ruling hearing of the material judicial review of Law No. 12 of 2011 on Lawmaking, Tuesday (2/28/2023). Photo by MKRI/Ifa.

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Tuesday, February 28, 2023 | 14:04 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) declared a judicial review petition of Law No. 12 of 2011 on Lawmaking inadmissible. The Decision No. 8/PUU-XXI/2023 was read out on Tuesday, February 28, 2023 in the plenary courtroom. The petition was filed by Trijono Hardjono, Muhammad Afif Syairozi, Salyo Kinasih Bumi, Hendrikus Rara Lunggi, Muhammad Fajar Ar Rozo, Abdul Ghofur, and Frederikus Patu under an organization called Langkah Juang Pemulihan Kedaulatan Rakyat (“Steps to the Recovery of the People’s Sovereignty”).

Reading out the Court’s legal considerations, Constitutional Justice Enny Nurbaningsih asserted that the Petitioners had not elaborated on their argument on the contradiction between the elucidation to 7 paragraph (1) letter b and the elucidation to Article 18 letter b of the Lawmaking Law and the touchstones in the 1945 Constitution. They focused more on explaining the legal vacuum relating to the authority of the MPR’s decree (Tap MPR). They also had not had sufficient constitutional argument on the contradiction between the norms petitioned and the touchstones.

Justice Enny added that the Petitioners’ petitum was ambiguous and did not meet the standard format. Despite receiving advice from the panel of justices, there was still unclear petitum, which did not meet the provision of Article 10 paragraph (2) letter d of the Constitutional Court Regulation (PMK) No. 2 of 2021.

“Therefore, the Court believes the Petitioners had not suffered constitutional impairment, either directly or indirectly, due to the enactment of the elucidation to 7 paragraph (1) letter b and the elucidation to Article 18 letter b of the Lawmaking Law. in addition, there is not causality between the alleged constitutional impairment and the enactment of the elucidation petitioned. As such, the Court has no doubt in declaring the Petitioners lacking legal standing to file this petition,” she said at the hearing that the Petitioners attended on site in the Court’s main building.

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At the preliminary hearing, the Petitioners said they wish to return the people’s sovereignty to the hands of the People’s Consultative Assembly (MPR), whose position after the amendment to the 1945 Constitution was merely a topic of discussion between the House of Representatives (DPR) and the Regional Representatives Council (DPD). 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 requested 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.

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

Translation uploaded on 2/28/2023 14: 36 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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