Legal Counsel Heru Sugiyono explaining arguments of petition’s revision on the material judicial review hearing of Protocol Law at the Plenary Courtroom, Monday (5/8/2024). Photo by PR/Panji

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Jakarta, MKRI – Constitutional Court held a continued judicial review hearing of Article 16 letter a of Law No. 9 of 2010 on Protocol (Protocol Law) against the 1945 Constitution on Monday, August 5, 2024. The petition under Case No. 66/PUU-XXII/2024 was filed by Pranoto and Dwi Agung.

During the hearing led by Justice Arief Hidayat, Legal Counsel Heru Sugiyono explained that the revision had been made based on the Justices’ advice during the preliminary hearing. “The first revision on the subject has been made. The ‘subject’ is a judicial review petition on the phrase ‘ the Independence of the Republic of Indonesia under Article 16 letter a, Article 18, and Article 20 of Law No. 9 of 2010 on the Protocol, State Gazette of the Republic of Indonesia 2010 No. 125  Additional State Gazette of the Republic of Indonesia No. 5166 against the Article 28C paragraph 1 and Article 31 paragraph 3 of the 1945 Constitution,” said Heru.

Additionally, Heru said that there was also a revision to the petition’s legal standing of Petitioner I, a lecturer and Indonesian history enthusiast. Therefore, he was obliged to preserve and introduce Indonesian history based on data and facts to educate the nation in schools, lecturers, and the general public.

“Petitioner I is also part of the Advisory Board of the Indonesian Brotherhood of Love for the Motherland Organization, which is imbued with the unity of faith and humanity. So that it has become its obligation and function to educate, teach and provide knowledge in a national education system made by the government in order to educate the nation's life to students or young people as the nation's successors," Heru explained.

Also read: History Enthusiast and Teacher Review Protocol Law

At the preliminary hearing, petitioners expressed their concern about discrepancies between the law's phrases and the existing facts. “The Protocol Law states that August 17, 1945, is the Independence Day of the Indonesian State. However, according to history and the Petitioners, August 17, 1945, is the Independence Day or the birthday of the Indonesian Nation, whereas if one wants to refer to the Independence Day of the Indonesian State, it should be August 18, 1945. Therefore, referring to every flag ceremony as August 17, Indonesia’s Independence Day, is very detrimental to the Petitioners,” explained Singgih Tomi Gumilang, the Petitioners’ legal counsel, online.

The Petitioners also emphasized that this error is also reflected in the Government’s Circular Letter regarding the Commemoration of the Anniversary of the Republic of Indonesia on August 17. By changing the phrase ‘Independence of the Republic of Indonesia’ to ‘Independence of the Indonesian Nation’ in Article 16 Letter a, Article 18, and Article 20 of the Protocol Law, it is hoped that the constitutional rights and authority of the Petitioners can be better fulfilled, so that the national education system can function properly, and the Government can be more precise in issuing Circular Letters related to the commemoration of national holidays. Therefore, the Petitioners request the Court to declare acceptance and grant the petition in its entirety; to declare that Article 16 Letter a, Article 18, and Article 20 of the Protocol Law, as it pertains to the phrase “Independence of the Republic of Indonesia” is contrary to the 1945 Constitution and has no binding legal force.

Authors           : Utami Argawati/L.A.P.
Editor               : N. Rosi
PR                    : Fauzan F.
Translators       : 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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