A ruling hearing for the judicial review of Article 251 of the Commercial Code (KUHD), Tuesday (2/13/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) declared the petition No. 2/PUU-XXII/2024 on the judicial review of Article 251 of the Commercial Code (KUHD) inadmissible. Petitioner by the name of Sopan Santun Duha had passed away on January 7, so the petition lost its legal subject and could not continue.

“[The Court] stipulate, declares the Petitioner’s petition inadmissible,” said Chief Justice Suhartoyo at the ruling hearing on Tuesday, February 13, 2024 in the plenary courtroom.

The chief justice said that at the preliminary hearing on Tuesday, January 23, the Petitioner’s legal counsel stated that the Petitioner had passed away in December 2023. The panel then asked the legal counsel to confirm the information.

Then, at the petition revision hearing on Monday, February 5, the legal counsel confirmed once again that Sopan Santun Duha had passed away on January 7, as shown in the death certificate No. 1214-KM-29012024-0005 dated January 29, 2024. Regardless, the legal counsel affirmed that the petition continued with the legal subject changed from Sopan Santun Duha to wife and inheritor, Maribati Duha.

Chief Justice Suhartoyo explained constitutional rights are different from civil rights, which can be transferred to the inheritor (vide the Court’s considerations in Decision No. 109/PUU-XVIII/2020). In addition, although the Petitioner’s legal counsel had attended the preliminary hearing, the Petitioner had passed away so the petition lost its legal subject and could not continue.

“Not to mention, based on Article 1813 of the Civil Code, one of the reasons for the expiration of a power of attorney is the death of the grantor,” the chief justice said.

In addition, even though the Petitioner’s legal counsel replaced the Petitioner with his wife, based on Article 43 paragraph (2) of the Constitutional Court Regulation (PMK) No. 2 of 2021, the petition revision can be done in the condition that the petitioners are not changed entirely. The subject of the a quo petition is singular and has been proven to have passed away, and there was no other legal subject [in the case] aside from the Petitioner. Therefore, the replacement of the legal subject could not be justified. As such, the a quo petition could not continue and must be declared inadmissible.

Also read:

Insurance Payout Inaccurate, Commercial Code Challenged

Petitioner of Commercial Code Passed Away

Nias, North Sumatera resident Sopan Santun Duha felt his constitutional rights have been violated as he had received an inaccurate insurance claim payout to the amount of Rp224.5 million, which was supposed to be Rp735 million. For that reason, he petitioned Article 251 of the Commercial Code, which reads, “Every incorrect or false notice, or every concealment of facts known by the insured party, even though made in good faith, the nature of which is such that the agreement concerned would not have been made, or would not have been made under the same conditions if the insuring party learnt the factual situation of all these matters, shall render the insurance concerned void.” He alleged that the norm was in violation of Article 1 paragraph (3), Article 27 paragraph (1), Article 28D paragraph (1), and Article 28G paragraph (1) of the 1945 Constitution.

He also argued that the article had neglected to provide fair legal certainty, assurance, and equal treatment before the law for the insured/policyholders. He argued that this arrangement had often been used as a legal loophole by insurance companies, which resulted in losses for policyholders.

He also argued that the article had given insurance companies the right to act as a judge of its own case, by allowing it to assess whether there is a false or incorrect notice and concealment of certain facts allegedly made by policyholders. Insurance companies can cancel policies unilaterally without considering and assessing policyholders’ arguments. 

Author       : Mimi Kartika
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.

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