Legal counsels Raka Gani Pissani and Yunico Syahrir at the preliminary hearing of the material judicial review of the National Resource Management for State Defense Law, Wednesday (7/3/2024). Photo by MKRI/Panji.

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JAKARTA (MKRI) — Erwin Edison, an advocate, has filed a judicial review petition of Article 33 paragraph (2) letter c, Article 47, and Article 49 paragraph (1) letter a of Law No. 23 of 2019 on the National Resource Management for State Defense (PSDN Law) to the Constitutional Court (MK). The preliminary hearing for case No. 42/PUU-XXII/2024 on Wednesday, July 3, 2024 was presided over by Constitutional Justices Asrul Sani, Anwar Usman, and Enny Nurbaningsih.

Through legal counsels Raka Gani Pissani and Yunico Syahrir, the Petitioner asserted that Pasal 33 ayat (2) of the PSDN Law has restricted citizens from participating in state defense through being military reserves in terms of age. The Petitioner is within productive age (36 years old), and thus should be able to join the selection of military reserve and basic military training. In addition, Article 47 and Article 49 paragraph (1) letter a restrict registration into military reserves until up to 48 years of age. The Petitioner believes that those a little over that age limit are still capable, both physically and mentally, of fighting against military and non-military threats.

“Therefore, the Petitioner requests that the Court declare Article 49 paragraph (1) of Law No. 23 of 2019 unconstitutional and not legally binding if not interpreted as ‘The Reserve Component as referred to in Article 28 paragraph (1) letter a is honorably discharged if: a. has served a period of service up to the age of 64 years,’” said Raka Gani delivering one of the petitums.

Justices’ Advice

In response, Justice Enny Nurbaningsih said that the Petitioner must consider the minimum age limit since registering to become a military reserve for the sake of state defense is voluntary. “The elaboration of the Petitioner’s legal standing must show the constitutional impairment. Why does he intend to register now? Did he not plan for it from the beginning or when his age has met the requirement,” she said.

Author            : Sri Pujianti
Editor             : N. Rosi
PR                 : Tiara Agustina
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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