Justice Daniel Yusmic opening the preliminary hearing on the material judicial review hearing of Law No. 22 of 2009 on Traffic and Road Transportation, Thursday (19/12) at the Courtroom. Photo by MKRI/Ifa.

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Jakarta (MKRI) – Petitioner Achmad Syiva Salsabila, who is a university student, submitted a petition on the material judicial review of Article 288 paragraph (2) of Law No. 22 of 2009 on Traffic and Road Transportation (LLAJ Law) to the Constitutional Court. The Case No. 174/PUU-XXII/2024 hearing was held on Thursday, December 19, 2024, led by Justice Daniel Yusmic P. Foekh, accompanied by Justice Anwar Usman and Justice Enny Nurbaningsih.

Article 288 paragraph (2) of LLAJ Law reads, “Every person who drives a Motor Vehicle on the road who is unable to show a valid Driver's License as referred to in Article 106 paragraph (5) letter b shall be punished with a maximum imprisonment of 1 (one) month and/or a maximum fine of Rp250,000.00 (two hundred fifty thousand rupiah).” According to the Petitioner, the article violates Article 1 paragraph (3), Article 27 paragraph (1), Article 28D paragraph (1), Article 28H paragraph (2), and Article 31 paragraph (5) of the 1945 Constitution of the Republic of Indonesia.

According to the Petitioner, the norm harms his constitutional rights, especially regarding the enforcement and acknowledgment of a digital driver’s license during a traffic raid conducted by the police. There is an ambiguity in the interpretation of the phrase “show a valid driver’s license” that does not explicitly explain the accepted form or format of the driver’s license, whether it should be physical (card) or digital (digital driver’s license). Therefore, the Petitioner considered the uncertainty over the regulation of the acknowledgment and standards of the digital driver’s license in traffic regulation enforcement reflected the state’s failure to implement welfare state.

“The petitioner was imposed binding sanction despite having been fulfilling administrative obligation by having a valid driver’s license due to uncertainty in the regulation on whether a digital driver’s license issued by the police through their official application was acknowledged as a valid proof of fitness to drive. The Petitioner felt that he did not get justice and legal certainty when showing the digital form of the driver’s license, which was not accepted as valid by the police when they conducted a traffic raid, despite the electronic driver’s license being officially issued by the National Police through Korlantas digital application,” Syiva said in the hearing he attended online.

Constitutional Loss

On the petition, Justice Enny Nurbaningsih gave advice for improvement, among others, regarding the explanation of five requirements of the Petitioner’s constitutional loss due to the enactment of norms being reviewed. “Constitutional rights stipulated in the 1945 Constitution related to the Petitioner’s loss, whether the loss is actual or potential. This should be explained, what is harmed due to the enactment of the norms,” Justice Enny explained.

Meanwhile, Justice Anwar also advised the Petitioner to observe the Court’s decisions related to the similar policy being submitted for review in this petition. Then, Justice Daniel also pointed out that the petitum part should also mention the State Gazette.

Before closing the hearing, Justice Daniel stated that the Petitioner was given 14 days to amend the petition until Thursday, January 2, 2025. The revision must be submitted to the Court to schedule the next hearing.

Author: Sri Pujianti.

Editor: N. Rosi.

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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