Yoshua Adhinugraha Mandiraatmadja, counsel for case No. 149/PUU-XXI/2023 on the judicial review of the State Administrative Court Law, Monday (12/18/2023). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review hearing of Article 55 of Law No. 51 of 2009 on the Second Amendment to Law No. 5 of 1986 on the State Administrative Court (PTUN Law) on Monday, December 18, 2023 in the plenary courtroom. The panel hearing for case No. 149/PUU-XXI/2023, filed by Cecilia Soetanto, was presided over by Constitutional Justices M. Guntur Hamzah (chair), Enny Nurbaningsih, and Anwar Usman.

Legal counsel Yoshua Adhinugraha Mandiraatmadja delivered the revised petition, which included some adjustments to the format of the petition and additional description of constitutional losses. Mandiraatmadja said that the petition was in line with the Supreme Court Circular Letter (SEMA) on Article 55 of the PTUN Law, which did not discuss third parties not addressed by state business memoranda, so the Supreme Court issued two SEMAs.

“Even though it is under the law, the SEMAs seemed to be applied as elucidation to Article 55 of the PTUN Law. Meanwhile, after some research into the issue of KTP and death in the Civil Registration Law, [we found] no mechanism for revising population data of the deceased by the heirs. This is because such revision can only be done by a court. Therefore, there is also a revision in the petitum so that there would be no contradiction with other norms,” Mandiraatmadja explained.

Also read: Inheritance Rights Restricted by Lawsuit Grace Period in Administrative Court

At the preliminary examination hearing on Monday, December 4, the Petitioner explained that duplicate KTP (ID cards) is regulated in the Population Administration Law No.24 of 2023. However, the issue is still common, as she experienced when the PTUN Decision No. 150/G/2023/PTUN.JKT was issued. Her late father had two ID cards with the very similar names, making it possible to issue two death certificates, two inheritance certificates, and resulting in two lawsuit cases due to administrative uncertainty over the same person with two different names. As a result of the error in the civil registration data, she could not have her issue on inheritance rights resolved in the State Administrative Court. This is because the civil registry office (Disdukcapil) cannot simply eliminate the double population data that is the basis for resolving the lawsuit in court for a legally binding judicial decision.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Andhini S.F.
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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