Constitutional Justice Manahan M. P. Sitompul (panel chair) opening the petition revision hearing of the judicial review of Law No. 22 of 2009 on Road Traffic and Land Transportation (LLAJ), Tuesday (8/8/2023). Photo by Humas MK/Fauzan.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review hearing of Law No. 22 of 2009 on Road Traffic and Land Transportation Law (LLAJ Law) on Tuesday, August 8, 2023 in the plenary courtroom. The petition No. 73/PUU-XXI/2023 was filed by Leon Maulana Mirza Pasha, an apprentice advocate.

At the on-site hearing, which was chaired by Constitutional Justice Manahan M. P. Sitompul, legal counsel Zico Leonard Djagardo Simanjuntak revealed that the Petitioner is a private employee who drives a motor vehicle, have a driving license (SIM) and a vehicle registration certificate (STNK), both of which must be renewed. He has doubt on the police force, who is authorized to make policies on the registration and identification of motor vehicles and drivers.

Also read: Police’s Authority in Motor Vehicle Registration and Identification Questioned 

The Petitioner challenges Article 5 paragraph (3) letters b and e, Article 7 paragraph (2) letters b and e, Article 64 paragraphs (4) and (6), Article 67 paragraph (3), Article 68 paragraph (6), Article 69 paragraphs (2) and (3), Article 71 paragraphs (1) and (3), Article 75, Article 87 paragraphs (2) and (4), Article 88, Article 280, and Article 288 paragraph (1) of the LLAJ Law.

Article 5 paragraph (3) letters b reads, “The administration affairs in Road Traffic and Transportation facilities and infrastructure by the state ministry being responsible for the same.”

Article 5 paragraph (3) letters e reads, “Administration affairs in Registration and Identification of the Motor Vehicle and Driver, Legal Enforcement, Traffic Management Operational and Engineering as well as education on traffic by the Police of the Republic of Indonesia.”

At the preliminary hearing on Wednesday, July 26 chaired by Constitutional Justice Manahan M. P. Sitompul, legal counsel Zico Leonard Djagardo Simanjuntak revealed that the Petitioner is an individual, an apprentice advocate who pays state taxes and owns a motor vehicle. He argued that the main cause of congestion, especially in DKI Jakarta Province, is poor registration and identification of motor vehicles and drivers. There is no cohesive policy for its management due to the Police’s authority in handling it.

The Petitioner believes the Police should not have such broad authority over the management of the registration and identification of motor vehicles and drivers. Based on Article 30 paragraph (4) of the 1945 Constitution, the Police only has authority on law enforcement related to road traffic and transportation and not in managing motor vehicle registration.

“In essence, the Petitioner questions the Police’s authority. And we quoted a Constitutional Court decision and compared it with those of other countries—the United States, Australia, Malaysia, Thailand, India, Japan, the Philippines, Canada, Sweden, and the Netherlands. So in our view, it is more constitutional to provide fair legal protection by not making this authority that of the Police,” Simanjuntak said.

Therefore, in the petitum, the Petitioner requests that the Court grant the petition and declare the a quo articles unconstitutional and not legally binding. 

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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