The Petitioner, Hasanuddin Rahman Daeng, conveying the revisions to his petition at the panel judicial review hearing of Law No. 41 of 2004 on Waqf, Monday (8/7/2023). Photo by Humas MK/Fauzan.

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JAKARTA (MKRI) — Another judicial review petition of Article 56 of Law No. 41 of 2004 on Waqf took place in the Constitutional Court (MK) on Monday, August 7, 2023 in a panel courtroom. The case No. 72/PUU-XXI/2023 was filed by Hasanuddin Rahman Daeng Naja, a member of the central Indonesian Waqf Board (BWI).

Before the panel chaired by Constitutional Justice Wahiduddin Adams, the Petitioner conveyed several additions to the petition. “The Petitioner’s additions include the explanation of the Court’s authority following the [justices’] inputs and advice; the Judicial Law, especially Article 29 paragraph (1) of Law No. 48 of 2009,” he said.

He had also added Article 9 paragraph (1) of Law No. 12 of 2011 as amended by Law No. 15 of 2019 on Lawmaking, which reads, “In the event that a Law is considered contradictory to the 1945 Constitution of the Republic of Indonesia, the review on the Law is carried out by the Constitutional Court.”

Also read: BWI Member Requests Equality among Non-Ministry Independent Agencies 

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.”

At the preliminary hearing on Tuesday, July 25, 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. The Petitioner believes the article is in violation of Article 7 of the 1945 Constitution, which stipulates that a government office shall take place for a period of five years.

“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,” he said.

Therefore, in the petitum, the Petitioner requests that the Court declare Article 56 of the Waqf Law conditionally unconstitutional if not interpreted as “The members of the Indonesian Waqf Board shall be appointed for a term of 5 (five) years and can be reappointed for 1 (one) more term.”

Author       : Utami Argawati
Editor        : Nur R.
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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