Arifin Purwanto, the Petitioner, showing a motor license plate as evidence at the panel preliminary hearing of the material judicial review of Law No. 22 of 2009 on Road Traffic and Land Transportation (LLAJ), Thursday (5/11/2023). Photo by Humas MK/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held a preliminary hearing of the judicial review of Law No. 22 of 2009 on Road Traffic and Land Transportation Law (LLAJ Law) on Thursday, May 11, 2023. The case No. 42/PUU-XXI/2023 was filed by Arifin Purwanto, an advocate.

The Petitioner, who attended the hearing in person, said that Article 70 paragraph (2) of the LLAJ Law had violated his constitutional rights. The norm reads, “Surat Tanda Nomor Kendaraan Bermotor (Motorized Vehicle Registration Number Document) and Tanda Nomor Kendaraan Bermotor (Motorized Vehicle Number Certificate) shall be valid for 5 (five) years which ratification shall be requested each year.”

He revealed that during renewal of the STNKB and TNKB, the vehicle in question must be presented to the vehicle document registration center (Samsat). This poses a problem for him, whose motorcycle is now in Surabaya.

“The [provision] has no valid legal basis, which means it is against Article 28D paragraph (1) of the 1945 Constitution. If the STNKB and TNKB were valid forever just like it was before Indonesia’s independence until 1984, [I] would not have the burden of having to bring the motorcycle from Madiun to Surabaya,” he asserted.

He proposed that the STNKB and TNKB be valid forever in order to prevent forgery of these documents and prevent wasting money. Therefore, in the petitum, he requested that the Court declare the phrase “shall be valid for 5 (five) years which ratification shall be requested each year” in Article 70 paragraph (2) of the LLAJ Law unconstitutional.

Justices’ Advice

In response, Constitutional Justice Suhartoyo advised the Petitioner to revise the petition’s format following the procedural law for judicial review in the Constitutional Court Regulation (PMK) No. 2 of 2021.

“When filing a lawsuit on an unlawful act to the district court, a divorce lawsuit to the religious court, what the judge examines is the reference to the lawsuit or the petition in the Constitutional Court. because the petition or complaint is the justices’ reference to examine [and declare] whether the case can substantially be considered by the justices or not, so that the justices can rule whether to grant or reject it, the petition or complaint should meet the formal requirements. The formal requirements, as you have explained, is the Constitutional Court’s authority. Meet those formal requirements. You explained Article 24 then 24C, Article 10 of the Constitutional Court Law. Please revise the petition’s format,” he said.

Next, Constitutional Justice Enny Nurbaningsih also asked the Petitioner to clarify his argument concerning Article 70 paragraph (2) of the LLAJ Law. She also urged them to observe the Court’s decisions on similar articles. “Explain a little the reason to file the petition and whether there is a correlation,” she said.

Before adjourning the session, Constitutional Justice Wahiduddin Adams announced that the Petitioner had 14 days to revise the petition and to submit the revised petition by Tuesday, May 23, 2023 at 13:30 WIB. 

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

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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