The petitioner, represented by his legal counsel, Muhammad Zen Al-Faqih, during the examination of the revision of the petition for judicial review of Article 146 paragraph (1) and paragraph (2) of Law Number 35 of 2009 concerning Narcotics (Narcotics Law), Monday (19/8/2024). Photo by MKRI/Bayu

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JAKARTA, HUMAS MKRI - The Constitutional Court (MK) held a hearing to review Article 146 paragraph (1) and paragraph (2) of Law No. 35 of 2009 on Narcotics (Narcotics Law), on Monday, August 19, 2024, in the Courtroom of the Constitutional Court. The agenda of the hearing was the examination of the petition’s revision of case No. 95/PUU-XXII/2024 submitted by Yuyun Yuanita, the wife of a Swiss citizen who was expelled from the jurisdiction of the Republic of Indonesia and prohibited from entering the jurisdiction of the Republic of Indonesia.

In the hearing, the Petitioner, represented by his legal counsel, Muhammad Zen Al-Faqih, said he had revised the petition in accordance with the judge's advice at the previous hearing. “Improvements were made on page 4 by including article 28i paragraph (2) of the 1945 Constitution. On page 18, we added Article 98 paragraph (1) and paragraph (2) of Law No. 22 of 1997,” he said.

Also read: Wife of Foreign National Convicted of Narcotics Use Goes to Court

Yuyun Yuanita challenged Article 146 paragraphs (1) and (2) of Narcotics Law. Article 146 paragraph (1) reads, “Foreign Nationals who commit narcotics crimes and/or narcotics precursor crimes and have served their sentences as stipulated in this Law shall be expelled from the territory of the Republic of Indonesia.” Article 146 paragraph (2) reads, “Foreign nationals who have been expelled as referred to in paragraph (1) are prohibited from re-entering the territory of the Republic of Indonesia.”

During the preliminary hearing, the Petitioner, represented by his legal counsel, Muhammad Zen Al-Faqih, said the constitutional loss she suffered stems from a concrete case related to the Petitioner's marriage to a foreign national (Swiss). Subsequently, the Petitioner's husband was sentenced by the Bandung Class I District Court for committing the crime of using class I narcotics.

The Petitioner was disadvantaged by the norms contained in Article 146 paragraph (1) and paragraph (2) of the Narcotics Law, which caused the Petitioner to be unable to reunite with her husband in the jurisdiction of the Republic of Indonesia. The Petitioner did not receive affection, protection, or mental support from her husband. The Petitioner also had to raise the child alone, even though the Petitioner's husband also wished to participate in raising the child together with the Petitioner.

“After the Petitioner's husband had served a 6-month prison sentence, the Petitioner's husband, who is a Swiss national, was expelled from the jurisdiction of the Republic of Indonesia and prohibited from entering the jurisdiction of the Republic of Indonesia until now, which resulted in the Petitioner and the Petitioner's child not receiving sustenance and protection from the Petitioner's husband,” he explained before a panel of justices led by Justice Arsul Sani.

Zen also said that the Petitioner's child, Junior Gaudin, had not received love and care from a father since birth until now. The Petitioner's husband has not had the opportunity to devote his affection directly to his child. In fact, the Petitioner's husband is a responsible father. Although he was in another country, the Petitioner's husband had always sent money to meet the needs of his children and wife.

For this reason, in her petitum, the Petitioner requests the Constitutional Court to grant the Petitioners' petition in its entirety; declare Article 146 paragraph (1) of the Narcotics Law contrary to the 1945 Constitution and has no binding legal force as long as it is not interpreted, “Foreign nationals who commit narcotics crimes and/or narcotics precursor crimes and have served their sentences as regulated in this Law shall be expelled from the territory of the Republic of Indonesia unless the foreign national has legally married an Indonesian citizen based on the laws of the Republic of Indonesia and has a child born in the marriage.”

 The Petitioner also asked the Court to declare Article 146 paragraph (2) of the Narcotics Law contrary to the 1945 Constitution and has no binding legal force as long as it is not interpreted, “Foreign nationals who have been expelled as referred to in paragraph (1) are prohibited from re-entering the territory of the Republic of Indonesia unless the foreign national has legally married an Indonesian citizen based on the laws of the Republic of Indonesia and has children born in the marriage.

Author: Utami Argawati.

Editor: N. Rosi.

PR: Tiara Agustina.

Translators: Rizky Kurnia Chaesario/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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