Constitutional Justice M. Guntur Hamzah opening the panel petition revision hearing of the material judicial review of Law No. 22 of 2009 on Road Traffic and Land Transportation (LLAJ), Thursday (5/25/2023). Photo by Humas MK/Ifa.

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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. The case No. 43/PUU-XXI/2023 was filed by Arifin Purwanto, an advocate.

The Petitioner, who attended this second hearing on site, said that he had revised the explanation on the Court’s authority and added articles in the Constitutional Court Law. He also had revised his legal standing and the background of the petition.

“[I] have revised my legal standing. [I] also revised my explanation of what I went through with the hopes that [I] be considered having legal standing. When renewing STNK, where my vehicle needed to be brought from Surabaya to Madiun, the tax has been paid for. For the TNKB, the license plate number has been replaced. Meanwhile, the new STNK is not available until today. [My] hope is that any vehicle located out of the city might not be brought to the [Samsat] on the record for STNK [renewal]. And hopefully [STNK] can be valid forever,” he appealed.

Also read: Provisions on Expiry of Vehicle Registration Challenged

The Petitioner challenges Article 70 paragraph (2) of the LLAJ Law, which 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.”

At the preliminary hearing on Thursday, May 11, the Petitioner argued that the provision had no valid legal basis. He revealed that during renewal of the two documents, 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, where he would have to take a four-hour trip one-way to bring his motorcycle for physical checking.

He argued that in order to prevent violation of Article 28D paragraph (1) of the 1945 Constitution, the STNKB and TNKB be made to be valid forever, just like it was before Indonesia’s independence until 1984. This, he added could prevent forgery of these documents and any wasted 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 and not legally binding if not interpreted as “shall be valid forever and annual renewal shall not be required.” He also proposed that if the STNKB is damaged or lost, the owner can report to any local Samsat for replacement, as all Samsat offices are now integrated online.

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

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