Arifin Purwanto conveying the revisions to the petition at the panel judicial review hearing of Law No. 22 of 2009 on Road Traffic and Land Transportation (LLAJ), Thursday (5/25/2023) in the courtroom. Photo by Humas MK/Ifa.

---

JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of Law No. 22 of 2009 on Road Traffic and Land Transportation Law (LLAJ Law) on Thursday, May 25, 2023 to examine the petition’s revisions. The Petitioner is Arifin Purwanto, an advocate.

The Petitioner conveyed revisions to two petitions on the LLAJ Law. In the first session, he conveyed revisions to petition No. 43/PUU-XXI/2023, where he questions the expiry of STNKB (motorized vehicle registration number document) and TNKB (motorized vehicle number certificate).

Also read:

Petitioner Wishes STNKB, TNKB Be Valid Forever 

Provisions on Expiry of Vehicle Registration Challenged

In the second session, the Petitioner conveyed revisions to petition No. 42/PUU-XXI/2023, where he questions the expiry of driving license (SIM) in Article 85 paragraph (2) of the LLAJ Law, which reads, “Driving License shall apply for 5 (five) years and be extendible.”

“In the subject matter, it is stated in number 22 that [I] believe that theoretical and practice tests [for obtaining a driving license] has no legal basis, so the current situation as shown in number 26 is no longer relevant. Regarding age, as shown in number 36, there is assumption that at the age of 85 and over one can no longer drive a vehicle and hold a [driving license]. However, if one works [as a driver], even at 85 they must be a public transport driver. Because they have experience and they are elderly, of course, they prioritize caution,” the Petitioner explained at the hearing chaired by Constitutional Justice M. Guntur Hamzah.

Also read: Expiration Period of Driving License in LLAJ Law Challenged

At the preliminary hearing on Wednesday, May 10, the Petitioner Petitioner said that every five years he had to extend his driving license (SIM), which he argued was unfavorable for him.

“Every time I extend my driving license, for example last year, I would get a driving license. Then five years later, I extend it a second time. The license number would be different, Your Honor. There is no legal certainty and if the deadline is passed, everything must be started from scratched and processed. This, of course, is in contrast with [resident ID card or KTP]. [A new] KTP will be produced at once,” he said before the panel chaired by Constitutional Justice M. Guntur Hamzah.

In the petition, the Petitioner alleges the five-year expiration period for driving license had no legal basis and no clear parameter based on review. He also feels disadvantaged by the cost and time for the extension process.

The LLAJ Law mandates every driver of motorized vehicles to have a driving license. The theoretical and practice tests for obtaining it are surely not easy. The test results only notify test-takers whether they have passed or failed the tests, but do not show the answers for the questions. In addition, the Petitioner alleges, the materials for these tests do not have clear legal bases and do not show any review from competent institutions. This, he argues, is in violation of Article 28D paragraph (1) of the 1945 Constitution.

Based on those arguments, the Petitioner requests that the Court grant the petition and declare Article 85 paragraph (2) of the LLAJ Law unconstitutional and not legally binding as long as the phrase “shall apply for 5 (five) years and be extendible” not be interpreted as “shall apply for life.” 

Author       : Utami Argawati
Editor        : Nur R.
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.

---