Hasanuddin Rahman Daeng Naja, a member of the central Indonesian Waqf Board (BWI), reading the petition at the preliminary hearing of the judicial review of Law No. 41 of 2004 on Waqf, Tuesday (7/25/2023). Photo by Humas MK/Ifa

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JAKARTA (MKRI) — Hasanuddin Rahman Daeng Naja, a member of the central Indonesian Waqf Board (BWI), has filed a judicial review petition of Article 56 of Law No. 41 of 2004 on Waqf. The preliminary hearing for case No. 72/PUU-XXI/2023 took place on Tuesday, July 25, 2023, with Constitutional Justices Wahiduddin Adams (panel chair), Suhartoyo, and Enny Nurbaningsih presiding. The Petitioner, who attended the hearing on site, said the petition was a way to fight for the equality of the board to other non-ministry independent agencies within the state structure based on justice and equality as set in Articles 27 and 28 of the 1945 Constitution.

Article 56 of the Waqf Law reads, “The members of the Indonesian Waqf Board shall be appointed for a term of 3 (three) years and can be reappointed for 1 (one) more term.” The Petitioner believes the article is in violation of Article 7 of the 1945 Constitution.

“There is injustice, inequality, and discrimination relating to the three-year term for BWI members, while it is five years for other non-ministry independent agencies, such as the National Zakat Board, the Hajj Fund Management Agency, and 12 others including the KPK [(Corruption Eradication Commission)], whose term just be revised from 4 to 5 years based on the Constitutional Court Decision No. 112/PUU-XX/2022,” Daeng said.

Justices’ Advice

In response, Constitutional Justice Suhartoyo said the petition should elaborate the Court’s authorities, the Petitioner’s legal standing, as well as the posita and petitum. The petitum has not reflected the Petitioner’s request of extending the term to five years. He also said that the Petitioner should explain the legal basis for the Court’s jurisdiction over the case, the assumed constitutional impairment relating to the touchstones and the Petitioner’s position in the BWI that relates to the discrimination.

“These are necessary to strengthen the legal standing. In the posita, there should also be quotes on the Court’s decision on the equality of term of office. [Please add] comparison and argument that term of office is under the Court’s jurisdiction. Please explain the essence of equality which, although is an open legal policy, can be considered by the Court if it has jurisdiction over the case,” he explained.

Next, Constitutional Justice Enny Nurbaningsih advised the Petitioner to elaborate his constitutional rights and the elaboration of his constitutional impairment. She also asked him to explain the correlation between the touchstones and the Petitioner’s actual constitutional impairment. “The background also mentions Article 7 of the 1945 Constitution. What is the correlation to the norm being petitioned?” she asked.

Before adjourning the session, Constitutional Justice Wahiduddin announced that the Petitioner had 14 workdays to revise the petition and submit it to the Registrar’s Office by Monday, August 7 at 10:00 WIB.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Tiara Agustina
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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