Legal activist Ilham Fariduz Zaman as the Petitioner for the judicial review of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislation (UU P3), filed the withdrawal on Monday (21/4/2025) online. Photo: PR/Panji

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JAKARTA (MKRI) – The Constitutional Court (MK) held the second hearing for the judicial review on Law Number 13 of 2022 on the Second Amendment to Law Number 12 of 2011 concerning the Lawmaking(UU P3) on Monday (21/4/2025). The petition was filed as case No. 20/PUU-XXIII/2025.

This case was filed by law activist Ilham Fariduz Zaman and PT Pinter Hukum Indonesia. They questioned the provisions in Article 96 paragraph (3) of the P3 Law which was deemed to create legal uncertainty regarding the right of public participation in the process of lawmaking.

In fact, the agenda of the hearing is to examine the revision of the petition. However, in the hearing led by Constitutional Justice Enny Nurbaningsih, the Court confirmed the existence of a letter of withdrawal filed by the Petitioners.

"The Court received a letter regarding the withdrawal of the petition. Is it true that there is such a letter?" Enny asked the Petitioner.

As Ilham Fariduz Zaman confirmed the withdrawal, the process for this case is declared complete.

Also read: Provision on Public Participation in Lawmaking Process Questioned

On the preliminary hearing, the petitioners highlighted the provisions in the article being tested because it was considered not to provide fail legal certainty, especially for community groups who are concerned about the legislative process. Hence, the inconsistency between the norms in the body of the article and the explanatory section has the potential to limit the constitutional rights of the community to participate.

In addition, the Petitioners highlighted the lawmaking trend that increasingly disregards meaningful public participation. They cited the use of the article in question to exclude certain groups in the discussion of the bills on the Presidential Advisory Council and the Ministry of State. The legislators argued that the material in these two bills did not have a direct impact on society, and therefore did not require public participation. 

The Petitioners believe such interpretation can be used to limit future public participation in lawmaking. The petition tested the phrase “and/or has an interest” in Article 96 paragraph (3) of the P3 Law and the phrase “registered with the competent ministry” in its explanation. According to the Applicant, both phrases are contrary to the principles of people's sovereignty, freedom of opinion, the right to fight for collective interests, and fair legal certainty as guaranteed in the 1945 Constitution, especially Article 28D paragraph (1) and Article 28C paragraph (2).

The Petitioner also criticized the a shift in meaning of the provision under review. Previously, the Constitutional Court had interpreted that parties who have the right to participate in lawmaking are not limited to only those who have a direct interest, but also those who have an interest in a policy. However, the provision in the article under review narrows down the scope of public participation, thus eliminating legal certainty for individuals or groups who have concerns about certain legislation. 

With those arguments, the Petitioners requested that the Court declare the phrase “who are directly affected and/or have an interest in” in Article 96 paragraph (3) of the Lawmaking Law unconstitutional and not legally binding unless interpreted as “including those who have concerns”. They also requested that the Court declare the phrase “registered with the authorized ministry” in the elucidation unconstitutional and not legally binding.

Read the petition No. 20/PUU-XXIII/2025 here.

Author       : Utami Argawati
Editor        : N. Rosi
Translator  : SO 

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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