The Constitutional Court holding a judicial review hearing of the Traffic and Road Transportation Law with the agenda to hear petition revision on Thursday (6/3/2025). The petitioner of the case attending the hearing online. Photo by MKRI/Ilham WM.

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Jakarta (MKRI) – The Constitutional Court held the second hearing of material judicial review of Article 288 paragraph (2) of Law No. 22 of 2009 on Traffic and Road Transportation (LLAJ Law) on Thursday, March 6, 2025. Delivering the petition revision, petitioner Achmad Syiva Salsabila attended the hearing of Case No. 174/PUU-XXII/2024 online.

The petitioner simplified the touchstone to only include Article 28D paragraph (1), Article 28H paragraph (2), and Article 31 paragraph (5) of the 1945 Constitution of the Republic of Indonesia. The Petitioner also strengthened his legal standing by elaborating on potential losses that will certainly occur in a specific situation. Hence, it is not only a possibility but a predictable situation due to the enactment of the norms in the article.

“Started when the Petitioner applied for a driver’s license issued on November 9, 2024, and continued after undergoing the applicable procedure. Since that date, the Petitioner realized that there is a digital driver’s license which can be accessed by the police traffic corps,” Achmad explained in the hearing led by Justice Daniel Yusmic P. Foekh, accompanied by Justice Anwar Usman and Justice Enny Nurbaningsih at the Plenary Courtroom.

Also read: Unclear Enforcement of Digital Driver’s License, Petitioner Felt Harmed

In the preliminary hearing on Thursday, December 19, 2024, the  Petitioner stated that 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. 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.

Author: Sri Pujianti.

Editor: N. Rosi

PR: Fauzan F.

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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