A petition revision hearing of the judicial review of the Broadcasting Law, Thursday (3/7/2024). Photo by MKRI/Ilham W. M.

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JAKARTA (MKRI) — The material judicial review of Law No. 32 of 2002 on Broadcasting continued on Thursday, March 7, 2024 in the Constitutional Court’s (MK) plenary courtroom. The case No. 26/PUU-XXII/2024 was filed by Syaefurrochman, member of the West Java Provincial Indonesian Broadcasting Commission (KPID).

He 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.”

At the petition revision, legal counsel Muhammad Zen Al-Faqih conveyed the revisions to the petition, such as the focus on three touchstones: Article 27 paragraph (1), Article 28D paragraphs (1), and Article 28I paragraph (2) of the 1945 Constitution.

“We have made revisions to the mention of ne bis in idem. The revision as advised by Honorable Professor M. Guntur Hamzah on pages 5, 6, and 7 relate to legal standing and constitutional impairment. He said to not include theories, but rather facts. We have included the facts,” said Zen before Constitutional Justice Daniel Yusmic P. Foekh and two other justices.

Also read: KPID Commissioner Asks Term of Office to Be Equal to KPK’s

At the preliminary hearing on Friday, February 23, 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.

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.”

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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