The petitioners’ legal counsel during the ruling hearing in which the Court granted the withdrawal of Case No. 155/PUU-XXII/2024, Thursday (1/2/2025). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court approved the withdrawal of a judicial review petition for Case No. 155/PUU-XXII/2024, which challenges Law No. 4 of 2023 on the Financial Sector Development and Reinforcement (P2SK Law). Yuli Puspitasari, Yuli Eni Kusrini, Rinaldi Andreas, Dwi Fery Kurniawan, and Ir. Udibowo Ciptomulyono filed this petition.

The Petitioners decided to withdraw their petition after considering the suggestions from the panel of justices during the preliminary hearing on November 7, 2024. The Court later received a revised petition on November 19, 2024. However, the Petitioners withdrew Case No. 155/PUU-XXII/2024 on November 21, 2024.

In response, the Court held a panel session on November 25, 2024, to confirm the petition's withdrawal. The petitioners subsequently confirmed the case withdrawal.

Moreover, Chief Justice Suhartoyo stated that the petitioners may withdraw the petition before or during the court's review as stipulated under Article 35 paragraphs (1) and (2) of the Constitutional Court Law, which states, “The withdrawal causes the a quo petition cannot be resubmitted.”

During the Justices' deliberation meeting (RPH) on November 25, 2024, the Justices decided that the case's withdrawal was legally grounded. Thus, the Petitioners are unable to re-file a quo petition.

“Granting the withdrawal of the petition of the Petitioners,” Chief Justice Suhartoyo stated during the ruling hearing at the plenary courtroom on Thursday, January 2, 2025.

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Provisions of the Transfer of Commodity Futures Trading Supervisory Authority from BAPPEBTI to OJK Challenged

Petitioner Withdrew Petition on the Review of Transitional Provisions of Commodity Futures Trading Supervisory Authority

The Petitioners filed a judicial review of Article 312 of the P2SK Law against Article 28D of the 1945 Constitution. They considered this article to cause confusion and harm their constitutional rights, particularly those regarding legal certainty and justice as guaranteed by the 1945 Constitution.

The petition reads, “The phrases in Article 312 and related articles provide unclear implementation of the law, which lead to discriminatory or inconsistent implementation against parties subject to this provision, as such, detrimental to the Petitioners.”

In addition, Article 312 of the P2SK Law regulates the supervisory authority of the financial sector to the Financial Services Authority (OJK), which was formerly held by the Commodity Futures Trading Supervisory Authority. The Petitioners considered such provisions to cause a significant change in the futures sector supervision structure that creates legal uncertainty and can affect the legal rights and interests of business actors, customers, and the public. (*)

Author         : Nawir Akbar Arysad
Editor          : Lulu Anjarsari P.
PR              : Fauzan Febriyan
Translators  : Ryan Alfian/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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