Syaefurrochman (center), Petitioner of case No. 26/PUU-XXII/2024, at the preliminary hearing of the judicial review of the Broadcasting Law, Friday (2/23/2024). Photo by MKRI/Fauzan.

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JAKARTA (MKRI) — The Constitutional Court (MK) held a preliminary hearing of the material judicial review of Law No. 32 of 2002 on Broadcasting on Friday, February 23, 2024 at 09:00 WIB. The Petitioner of case No. 26/PUU-XXII/2024 was filed by Syaefurrochman, member of the West Java Provincial Indonesian Broadcasting Commission (KPID).

The Petitioner challenges Article 9 paragraph (3) of the Broadcasting Law, which reads, “The term of office of the chair, vice chair, and members of the Central KPI and the Regional KPIs shall be 3 (three) years and may be re-elected only for 1 (one) subsequent term.”

Before Constitutional Justices Daniel Yusmic P. Foekh (panel chair), Anwar Usman, and M. Guntur Hamzah, legal counsel Muhammad Zen Al-Faqih explained that the Petitioner had been inaugurated as a West Java KPID member on December 3, 2020 based on the West Java Governor Decree No. 821.2/Kep.798-Diskominfo/2020. His term of office has expired and it has been extended based on the West Java Governor Decree No. 821.2/Kep.623-Diskominfo/2023 until definitive members have been appointed.

Zen explained that the article under review had clearly caused legal uncertainty and harmed the Petitioner’s constitutional rights as set out in Article 27 paragraph (1); Article 28D paragraphs (1), (2), (3); Article 28I paragraph (2) of the 1945 Constitution. The Petitioner has been treated unfairly because of the term of office for his position, which is not the same as those of other state commissions. The terms of office of members of the Corruption Eradication Commission (KPK), the Indonesian Child Protection Commission (KPAI), the Commission for the Supervision of Business Competition (KPPU), the Ombudsman, the National Human Rights Commission (Komnas HAM), the Deposit Insurance Corporation (LPS), the Witness and Victim Protection Agency (LPSK), the State Civil Apparatus Commission (KASN), the Elections Supervisory Body (Bawaslu), and the Financial Services Authority (OJK) have been set at five years.

The Petitioner believes he is entitled to the term of office as members of other state commissions, which is five years. He added that the chairman, vice chairman, and members of the KPI are equal to the same positions in other commissions established by law.

Furthermore, to strengthen his argument, the Petitioner had submitted data on the terms of office of members of 10 other state commissions in addition to conveying his reason by referring to Constitutional Court Decision No. 112/PUU-XX/2022 on the constitutionality of the term of office of the KPK leadership, which was previously only four years.

Finally, in the petitum, the Petitioner requests that the Court prioritize the examination of the petition. He also hopes that the Court order the West Java Provincial Government to postpone his dismissal until there is a decision on this petition. Then, on the subject matter, he asks the Court to declare Article 9 paragraph (3) of the Broadcasting Law constitutional as long as it is interpreted as “The term of office of the chair, vice chair, and members of the Central KPI and the Regional KPIs shall be 5 (five) years and may be re-elected only for 1 (one) subsequent term.”

Justices’ Advice

In response, Constitutional Justice M. Guntur Hamzah advised the Petitioner to not include theories in the elaboration of legal standing, but in the background of the petition. “In [the elaboration of] legal standing, what is needed is facts to show that you have interest. There is no need for theories. Move the theories in the petition’s background,” he said.

The panel of justices informed the Petitioner that he was to revise the petition and submit it by Thursday, March 7 at 09:00 WIB to the Registrar’s Office.

Author       : Utami Argawati
Editor        : Nur R.
PR            : Raisa Ayuditha Marsaulina
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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