Legal counsel Yoshua Adhinugraha Mandiraatmadja at the ruling hearing for the judicial review of the State Administrative Court Law, Tuesday (1/16/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) rejected a material judicial review petition 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). The ruling hearing for case No. 149/PUU-XXI/2023, filed by Cecilia Soetanto, took place on Tuesday, January 16, 2024 in the plenary courtroom

Delivering the Court’s legal opinions, Constitutional Justice M. Guntur Hamzah said that through Decision No. 22/PUU-XVI/2018, the Court had made a stance on that the a quo article is constitutional. Therefore, any extension of the deadline of filing lawsuits, including for third parties not targeted directly by the state administrative provisions (KTUN), is under the jurisdiction of the legislatures. Without any intention to judge the legality of the Supreme Court Circular Letters SEMA 2/1991 and SEMA 3/2015, the Court asserted that these letters cannot influence the implementation of Article 55 of the PTUN Law, which has been interpreted by the Court through its decision, which is a higher provision that is legally binding for all Indonesians.

“The provision in Article 55 of the PTUN Law has provided fair legal certainty and equal opportunity to realize equality and justice as guaranteed in Article 28H paragraph (2) of the 1945 Constitution that the Petitioner argued about, so the Petitioner’s petition is legally groundless in its entirety,” Justice Guntur concluded.

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At the preliminary examination hearing on Monday, December 4, 2023, 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  : 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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