One of the Petitioners (left) and legal counsels at the preliminary hearing of the material judicial review of the Eradication of Criminal Acts of Terrorism, Tuesday (9/19/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the preliminary hearing of the material judicial review of Law No. 5 of 2018 on the Amendment to Law No. 15 of 2003 on the Stipulation of Government Regulation in Lieu of Law No. 1 of 2022 on the Eradication of Criminal Acts of Terrorism into Law (Anti-Terrorism Law) for case No. 103/PUU-XXI/2023. Peria Ronald Pidu, Mulyadi Taufik Hidayat, and Febri Bagus Kuncoro (Petitioners I-III) challenge Article 43L paragraph (4) of the Anti-Terrorism Law, which reads, “The petition as referred to in paragraph (2) can be filed no later than 3 (three) years since the date this Law enters into force.”

The Petitioners legal counsels Wahyu Wagiman, Ronald M. Siahaan, Muhammad Irwan, and Judianto Simanjuntak asserted that the article had taken away the victims’ right to rehabilitation. The Petitioners are survivors of terrorism acts that had occurred before the Anti-Terrorism Law entered into force. They have not received any compensation or financial aid while victims of terrorism acts are eligible for it if they file a petition to the Witness and Victim Protection Agency (LPSK) by submitting a letter that validates them as victims of criminal acts of terrorism issued by the National Counterterrorism Agency (BNPT).

The filing of such a petition is limited to three years since the Law entered into force, i.e. June 22, 2018. Any petition filed after this deadline cannot result in compensation. This impacts the LPSK and the BNPT’s time frame for providing information to victims all across Indonesia.

“The Petitioners do not have enough access and power to obtain financial aid from the Government since the a quo provision severely limits the Petitioners’ rights. Until today, they haven’t received any compensation from the Government. They have communicated with relevant institutions for it, but this provision allows for no other avenue for the Petitioners to receive compensation from the Government,” Wahyu explained before Constitutional Justices Arief Hidayat, Suhartoyo, and Enny Nurbaningsih.

In 2020, the LPSK distributed compensation amounting to a total of Rp39,205,000,000 to 215 victims of criminal acts of terrorism. In 2021 and 2022, it gave 357 victims compensation with a total Rp59,720,000,000. However, not all victims have received compensation.

The short time limit has led to injustice for the victims. In addition, disproportionate information to terrorism victims across Indonesia means that not all victims have received compensation for the rehabilitation. This provision regulating time limit to file a petition for compensation is against the spirit of legal protection for victims.

Therefore, in their petitum, the Petitioners requested that the Court declare Article 43L paragraph (4) of the Anti-Terrorism Law unconstitutional and not legally binding.

Justices’ Advice

Constitutional Justice Suhartoyo stated that the Petitioners must explain the incidents that befell them and its connection to the article being challenged. Since the article gives a time limit, there should be a sound argument of the harmed constitutional rights. “This norm [entered into force] in what year; the incident happened in what year. Why is the petition only filed just now? This should be elaborated in the petition,” he explained.

Meanwhile, after observing the BNPT’s letter substantiating the Petitioners as terrorism victims, Constitutional Justice Enny Nurbaningsih asked that they affirm their legal standing. She also advised them to elaborate the contradiction of the article to the 1945 Constitution.

Next, Constitutional Justice Arief Hidayat advised the Petitioners to revise the petition by removing the unnecessary introduction part and to observe the Constitutional Court Regulation No. 2 of 2021 on the procedural law for judicial review in the Constitutional Court.

At the end of the hearing, Constitutional Justice Arief Hidayat informed the Petitioners that they had 14 workdays to revise the petition and submit it to the Registrar’s Office no later than Monday, October 2, 2023 at 09:00 WIB.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
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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