Nurhasan Ismail testifying as an expert for the Police (Relevant Party) at the judicial review hearing of Law No. 22 of 2009 on Road Traffic and Land Transportation (LLAJ), Monday (8/21/2023). Photo by Humas MK/Fauzan.
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 Monday, August 21, 2023. The seventh hearing for case No. 42/PUU-XXI/2023, filed by advocate Arifin Purwanto, had been scheduled to present the Police’s (Relevant Party) expert.
At the on-site hearing, chaired by Chief Justice Anwar Usman, Nurhasan Ismail, an expert presented by the Police, stated that the LLAJ Law had been formed due to advances of the automotive technology.
“On the one hand, the people of Indonesia use the automotive technology for the nation’s advancement. This is a positive impact. However, of course, there are negative impacts on the development of automotive technology since speeding is dangerous to the community especially in the event of traffic accidents, which could not only cause injury but also fatality,” said the law professor of Universitas Gadjah Mada (UGM).
He believes these interests underlie the political process to realize goals to achieve, which is contained in the LLAJ Law. He said these goals include creating safe traffic where the safety of everyone in the traffic space is ensured.
He further explained that the LLAJ Law stipulates that people to whom a driving license is issued must pass the theory, health (physical and psychological), and practical exams, to ensure they have the driving competence to ensure safe traffic. He added that certain types of license require practice exam with a simulator. This evaluation is done every five years.
Nurhasan also explained that the five-year validity of a driving license had been in effect 75 years ago after the first LLAJ Law, which was enacted in 1933. “It was then adopted in Law No. 3 of 1965 and Law No. 14 of 1992, and the designers of the LLAJ Law No. 22 of 2009 adopted it again. So, it has become part of our legal culture and legal awareness,” Nurhasan said.
He revealed that behind the five-yearly evaluation is a social value and legal culture that respects life. The five-yearly evaluation reflects a respect for life and safety of both oneself and other road users.
From a cultural point of view, he added, the five-yearly evaluation has become part of the political culture of the state. “Many political positions last five years, without it having any explanation. Even one the latest Constitutional Court decisions changed the term of office of the leadership of one of the state institutions from four years to five years shows that the five-year cycle has become part of our political culture. Since it has become part of our culture, we cannot help but implement it. We cannot avoid it,” he said.
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The Petitioner 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.”
At the preliminary hearing on Wednesday, May 10, the 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.
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.
Monday, August 21, 2023 | 15:40 WIB 300