Constitutional Justice Daniel Yusmic P. Foekh delivering the Court’s legal consideration at the ruling hearing of the Law on National Flag, Language, Emblem, and Anthem, Wednesday (9/27/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) declared the petition filed by Ludjiono on the material judicial review of Law No. 24 of 2009 on the National Flag, Language, Emblem, and Anthem (BBLNLK Law) inadmissible. The declaration was delivered by Chief Justice Anwar Usman in a ruling hearing for case No. 86/PUU-XXI/2023 on Wednesday, September 27, 2023 in the plenary courtroom.

Constitutional Justice Daniel Yusmic P. Foekh read out the Court’s legal opinion. On August 30, the Court held a preliminary examination hearing for this petition. The panel of justices gave advice and asked for clarification pertaining to the petition throughout the hearing.

On September 11, the Petitioner the revision to the petition. Despite that, Justice Foekh continued, the Petitioner did not clearly describe his constitutional loss relating to the norm being reviewed, the petition’s posita, and the reason the norm was constitutional. Moreover, in his petitum, the Petitioner only requested the Court to grant judicial review of Chapter III on State Language in Law No. 24 of 2009 on the National Flag, Language, Emblem, and Anthem. Such a petitum, Justice Foekh explained, unusual.

“Even though the Court had the authority to adjudicate the a quo petition, because the Petitioner’s petition was unclear or vague, the Court did not consider the legal standing and subject matter of the Petitioner’s petition further,” Justice Foekh said.

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Health Office Retiree Questions Concrete Form of Indonesian Script

Health Office Retiree Revises Posita on Case on BBLNLK Law

At the preliminary hearing on Wednesday, August 30, a Health Office retiree of Situbondo Regency, East Java Province by the name of Ludjiono (Petitioner) conveyed the posita (reason) to challenge Chapter III of the Law, which consists of 20 articles on, among others, the national language. He believed the Indonesian language (bahasa Indonesia) consisted of spoken and written varieties as well as the Indonesian script. However, the norms did not describe the concrete form of the Indonesian script, unlike the state emblem—the Garuda that faces right- and the national flag—which has certain colors and ratios. He alleged that the lack of description of the language was in violation of Article 27 paragraph (3), Article 28G paragraphs (1) and (2), Article 36C of the 1945 Constitution.

In his petitum, he requested that the Court declare Chapter III of Law No. 24 of 2009 on the National Flag, Language, Emblem, and Anthem relating to the national language without the article on the state emblem, which reads “The state language shall be the Indonesian language in spoken and written forms” unconstitutional and not legally binding.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Tiara Agustina
Translator  : Nyi Mas Laras Nur Inten Kemalasari/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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