Hukman Reni (Petitioner) at the ruling hearing of the material judicial review of Law No. 15 of 2012 on Veterans, Tuesday (8/20/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) decided to declare a material judicial review petition of Article 4 letter c of Law No. 15 of 2012 on Veterans inadmissible. The Decision No. 74/PUU-XXII/2024 was delivered on Tuesday, August 20, 2024.

“[The Court] declares the Petitioner’s petition inadmissible,” said Chief Justice Suhartoyo delivering the verdict.

In its legal opinion, the Court stated that it had examined the petition at the preliminary hearing on July 22. Based on Article 39 paragraph (2) of the Constitutional Court Law and Article 41 paragraph (3) of the Constitutional Court Regulation (PMK) No. 2 of 2021 on the procedural law for judicial review, the Court had advised the Petitioner to revise and clarify things relating to the petition, such as the Court’s authority, the Petitioner’s legal standing, the reasons for the petition (posita), and the things requested (petitums) to match the petition format as regulated in PMK No. 2 of 2021. It had also advised the Petitioner to study past petitions relating to the article.

Then, on August 1, the Petitioner had conveyed the revised petition and the Court had examined it at a petition revision hearing on August 5. In the petition, the Petitioner did not provide an argument that could show the contrast between the norm petition for review and the touchstones (vide Article 10 paragraph (2) letter b and point 3 of PMK No. 2 of 2021, while one of the essence of the Court’s advice at the preliminary hearing was so that the Petitioner explain the contradiction between the norm petitioned and the 1945 Constitution.

The Court asserted that the Petitioner’s petitum was unusual and did not meet the regulation as set forth in Article 10 paragraph (2) letter d of PMK No. 2 of 2021. A petition may request that the norms petitioned be declared unconstitutional, or conditionally unconstitutional, or not having permanent legal force. As such, the Court declared the posita and petitum of the Petitioner’s petition unclear, making the petition unclear.

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Entrepreneur Challenges Veteran Law

Petitioner Revises Petition on Veteran Law

At the preliminary hearing on Monday, July 22, entrepreneur Hukman Reni argued that Article 4 letter c of Law No. 15 of 2012 on Veterans only stipulates that those who can be awarded veteran’s merits awards are those who were part of official armed militias and fought from 1975 to 1976. The Petitioner believes that this time limitation restricts the rights of the Petitioner or others who had also defended the sovereignty of the Republic of Indonesia in East Timor up until 1999.

“In addition to the time limitation, it also restricts those who contributed their efforts and thoughts to defending the country in East Timor during the integration period. This includes those who worked as Indonesian Red Cross members, teachers, and others,” he said before the panel chaired by Constitutional Justice M. Guntur Hamzah

He appealed to the Court so that the elucidation to Article 4 letter c of the Veteran Law be amended to extend the time frame from May 21, 1975 to July 17, 1976 to cover the period from 1975 to 1999, or at least until October 19, 1999 when the People’s Consultative Assembly (MPR) issued Decree No. V/MPR/1999 on referendum in East Timor. Additionally, the explanation should explicitly include that Indonesian citizens wgo had been involved in various roles—such as members of the Indonesian Red Cross (PMI), healthcare workers, general education teachers, public kitchen managers, armament and ammunition personnel, communication officers, couriers, drivers, village guards, people’s defense (wanra), people’s security areas (kamra), and spies who actively participated in the events in East Timor during this period—are entitled to receive honors and recognition as veterans of the Republic of Indonesia. 

Author            : Utami Argawati
Editor             : N. Rosi
PR                 : Fauzan F.
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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