Constitutional Justice Ridwan Mansyur chairing a judicial review hearing of the Law on the Financial Sector Development and Reinforcement at the panel courtroom, Wednesday (7/17/2024). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review hearing of Article 163 paragraph (1) letter b of Law No. 4 of 2023 on the Financial Sector Development and Reinforcement (PPSK Law) against the 1945 Constitution on Wednesday, July 17, 2024 in one of its panel courtrooms. The case No. 47/PUU-XXII/2024 was filed by Elrodo Natama Sihaloho, Pierre Abraham, Andry Hendarsyah, Saiful Alamsyah, and Usman.

The five Petitioners are private employees who have their salaries deducted each month for pension payments. However, upon retirement, the Petitioners do not have the freedom to use, invest, or develop their pension funds at once because they must receive it in installments.

At the petition revision hearing presided over by Constitutional Justices Ridwan Mansyur, M. Guntur Hamzah, and Arsul Sani, Pierre Abraham conveyed that the Petitioners requested a postponement of the hearing for about two weeks. This is because the revision of the petition had not been completed.

Responding to the request, Justice M. Guntur Hamzah said that the Court handles a lot of cases and there is a timeline that must be met. “Besides being reconsidered, the petition may be withdrawn or revoked, then use the time to improve it carefully. Later, re-submit in a new petition. That can also be one of the solutions,” he said.

After listening to the advice from the panel of justices, the Petitioners agreed to withdraw their petition. “Later, we will revise it as best as we can based on the advice of the constitutional justices,” Abraham said.

Also read: Employees Question Pension Disbursement and Management

Previously, the Petitioners argued that they have suffered a constitutional loss due to the implementation of the a quo article where upon entering retirement, their pension funds cannot be received at once on an annuity basis where payments are made monthly. According to the Indonesian Language Dictionary (KBBI), annuity means a series of payments or receipts of the same amount that must be paid or received at the end of each period of the same period for a certain number of years.

“As citizens, we believe we have the right to manage our pension, having worked for decades when we retire, we do not receive [our right] because this law says [our pension] must be paid periodically and we are given the only choice of life insurance or sharia life insurance. Meanwhile, the law guarantees that we have the right to our personal property and the right to manage and use our ability to invest our personal property in this case the pension fund,” Sihalolo said at the preliminary hearing on Thursday, July 4, 2024.  

Author            : Utami Argawati
Editor             : N. Rosi
PR                 : Tiara Agustina
Translators     : Jihan Nibras, Yuniar Widiastuti/Rizky Kurnia Chaesario (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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