The Petitioners’ legal counsel at a material judicial review hearing of Law No. 8 of 1999 on Consumer Protection, Wednesday (12/11/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review hearing of Article 35 paragraph (3) of Law No. 8 of 1999 on Consumer Protection on Wednesday, December 11, 2024. The second hearing for the petition filed by Happy Kusuma, Thomas A. Harnomo Trisno, Siswanto, Johannes Paramban, Jemmy Gunawan (Petitioners I-V) was to examine the revised petition No. 162/PUU-XXII/2024.

Legal counsel Yasin Nur Alamsyah Hidayat Ali Samiaji argued that the Petitioners had not obtained guarantee of legal protection as their complaints on the terms of office of the National Consumer Protection Agency’s (BPKN) chairperson, vice chairperson, and members had not been settled within three years. They have concern that the short terms of office would fail to guarantee the settlement of cases relating to consumer protection.

“The enforcement of the three-year terms of office of chairperson, vice chairperson, and members means the new leadership would plan for the next work programs. Meanwhile, the programs by the previous leadership would be neglected and not resolved completely. It will lead to legal uncertainty over complaints received from the public or legal subjects that require the Government’s consumer protection through the BPKN,” Mahendra explained online before Constitutional Justices M. Guntur Hamzah (panel chair), Daniel Yusmic P. Foekh, and Arsul Sani.

In the revised petitum, the Petitioners request that the Court declare Article 35 paragraph (3) of the Consumer Protection Law conditionally unconstitutional and not legally binding if not interpreted as, “The chairman, vice chairman, and members of the National Consumer Protection Agency shall hold office for 5 (five) years and may be reappointed for one more term.”

Also read: Terms of Office of Head of National Consumer Protection Agency Questioned

At the preliminary hearing on Thursday, November 28, the Petitioners argued that Article 35 paragraph (3) of the Consumer Protection Law is against Article 28D paragraph (1) and Article 28I paragraph (2) of the 1945 Constitution. They observed that there are 12 commissions or non-ministerial state agencies aside from the National Consumer Protection Agency (BPKN)—such as the Judicial Commission, the Human Rights Commission, and the Ombudsman—with a five-year term of office. Meanwhile, Article 35 paragraph (3) of the Consumer Protection Law reads, “The chairman, vice chairman, and members of the National Consumer Protection Agency shall hold office for 3 (three) years and may be reappointed for one more term.”

Author         : Sri Pujianti
Editor          : Lulu Anjarsari P.
PR               : Fauzan Febriyan
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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