Petition on Age Limit of BPK Members Dismissed

The ruling hearing of the judicial review of Law No. 15 of 2006 on the Audit Board, Tuesday (2/28/2023). Photo by MKRI/Ifa.

Tuesday, February 28, 2023 | 18:19 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) dismissed the judicial review petition of Article 18 letter c of Law No. 15 of 2006 on the Audit Board (BPK). The petition was filed by Patuan Siahaan, Tyas Muharto, and Poltak Manullang, retired civil servants of the Prosecution Office. The ruling hearing for Decision No. 9/PUU-XXI/2023 took place on Tuesday, January 28, 2023.

In its legal considerations read out by Constitutional Justice Saldi Isra, the Court asserted that it had not found any explanation and evidence to be convinced that the Petitioners would or had applied as BPK candidates. At the preliminary hearing, the constitutional justices had advised them of the evidence, which they did not provide at the second hearing. The evidence, Justice Saldi said, would have been a way for the Petitioners to petition the Law.

“If the explanation and evidence in question had been included in the revised petition, the Petitioners would have had legal standing to file the petition. As such, the Court is of the opinion that the Petitioners did not have legal standing to act as Petitioners in this petition,” he said.

Also read:

Retired Prosecution Civil Servants Challenge Age Limit of BPK Members

Retired Prosecution Civil Servants Revises Arguments on Age Limit of BPK Members

The Petitioners alleged that Article 18 letter c of the BPK Law 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.

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

Translation uploaded on 3/1/2023 08:54 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, February 28, 2023 | 18:19 WIB 186