Advocate Rega Felix, during the judicial review hearing of Case No. 80/PUU-XII/2024, delivering a revision of his petition. Photo by MKRI/Panji.

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JAKARTA, MKRI - Advocate Rega Felix, Petitioner of Case No. 80/PUU-XXII/2024, revised his petition by requesting the Constitutional Court (MK) to provide a new interpretation of the norms of Article 44 paragraph (1) of Law No. 23 of 1999 on Bank Indonesia (BI Law). The petitioner requested that the process of appointment and dismissal of Bank Indonesia employees by the Board of Governors uphold the principles of fairness, openness, accountability, and non-discrimination by announcing the results of the selection to the public.

“So that Article 44 paragraph (1) of Law No.23 of 1999 concerning Bank Indonesia reads in full, ‘The Board of Governors appoints Bank Indonesia employees after going through a selection process that upholds the principles of fairness, the principle of openness, the principle of accountability, and the principle of non-discrimination by announcing the results of the selection to the public, and dismisses Bank Indonesia employees,” Felix said in a petition revision hearing before the Panel of Justices on Wednesday, August 14, 2024.

Thus, Article 44 paragraph (1) of the BI Law should no longer be interpreted as “The Board of Governors appoints Bank Indonesia employees after going through a selection process that upholds the principles of fairness, openness, accountability, and non-discrimination by announcing the selection results to the public.” This is because, according to the Petitioner, such a provision contradicts the 1945 Constitution.

In the Petitioner's legal standing, Felix said that he had applied for a job at Bank Indonesia but was rejected. According to him, the rejection was due to his body mass index being more than 30 or simply fat, and the Petitioner was said to have an AD perforated tympanic membrane or ruptured eardrum.

However, upon examination by another doctor, it was found that he had no such disease. For the Petitioner, the use of physical instruments to deter participants whose jobs had no physical connection was intolerable.

The Petitioner also claimed to have participated in the selection of Civil Servant Candidates (CPNS) in 2014 up to the final interview stage but was not accepted despite receiving a high score. After that, the Petitioner repeatedly tried, and the last was in the Bank Indonesia employee selection, which turned out to be failed due to physical issues.

The Petitioner stated that he did not accept that the Bank Indonesia employee selection process was not transparent. In fact, according to him, information disclosure in the selection process is a prerequisite to ensure that the recruitment system is run by upholding the principles of fairness, openness, accountability, and non-discrimination.

“The Petitioner has fought hard but did not get justice. It is very difficult to get a list of names of participants because Article 44 paragraph (1) of the Bank Indonesia Law gives Bank Indonesia too broad authority to regulate its own selection system,” Felix said.

Article 44 paragraph (1) of Law No. 23 of 1999 on Bank Indonesia reads, “The Board of Governors appoints and dismisses Bank Indonesia employees.” According to the Petitioner, the formulation of Article 44 paragraph (1) and the Explanation of Article 44 paragraph (1) of the BI Law regulates too “simple” because it does not mandate a selection system that is fair, transparent, and accountable. This is unlike Article 58 paragraph (3) of Law No. 5 of 2014 on the State Civil Apparatus (ASN Law), which is the legal basis for the procurement of CPNS, which is a derivative rule that is more fair, transparent, and accountable.

The case was heard by a panel of justices led by Justice Arief Hidayat, accompanied by Justice Anwar Usman and Justice Arsul Sani. Before closing the hearing, Justice Arief said that this case would be brought to the Justice’s Deliberative Meeting (RPH) to discuss or determine its further fate and whether the case will proceed to the plenary session of evidence or not.(*)

Author: Mimi Kartika

Editor: Lulu Anjarsari P.

PR: Fauzan Febriyan

Translator: Rizky Kurnia Chaesario

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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