Judicial review hearing of the Judiciary Law, Wednesday (28/05). Photo by MKRI/Ilham WM.

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Jakarta (MKRI) - The Constitutional Court (MK) held another judicial review hearing on Article 162 and Article 206 paragraph (1) of the Reglement of Legal Procedures for Regions Outside Java and Madura (Reglement Tot Regeling Van Het Rechtswezen In De Gewesten Buiten Java En Madura (RBg)), which were promulgated and validated by Emergency Law No. 1 of 1951 concerning Temporary Measures to Organize the Unified Structure of the Powers and Procedures of Civil Courts, and Article 54 paragraph (2) of Law No. 48 of 2009 on the Judiciary (Judiciary Law).

The second hearing for Case No. 63/PUU-XXIII/2025, petitioned by Frendys Eka Luki Putra, was scheduled to hear the points of the petition revision. During the hearing, Bahrul Ilmi, as the Petitioner's legal counsel, mentioned that he had corrected the power of attorney. Additionally, the Petitioner refined the object of testing from articles to phrases. Then the Petitioner also made adjustments to the petition.

“ Declaring the phrase ”implementation of law or case execution“ Article 206 paragraph (1) of the Regulations of Legal Procedure for Regions Outside Java and Madura (Reglement Tot Regeling Van Het Rechtswezen In De Gewesten Buiten Java En Madura (RBg)) which was promulgated and validated by Emergency Law No.1 of 1951 on Temporary Measures to Organize the Unified Structure of Powers and Procedures of Civil Courts is contrary to the Constitution of the Republic of Indonesia and has no legal force conditionally as long as it is not interpreted as ”implementation of law or execution carried out arbitrarily, against the law, and/or harming the property rights of other parties who are not parties to the civil case being executed is invalid," Bahrul said at a hearing held at the Constitutional Court on Wednesday, May 28, 2025.

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Seeking Justice in Civil Cases Execution Process

In previous hearing, legal counsel Iwan Kurniawan stated that in a concrete case, his party has lost the ownership of a land of 632 square meters, which initially was bought from another party under the Deed of the Land Maker Deed Riza Emir Cyrillus Caloh, S.H. No. 57/BON/RC/2003 dated February 25, 2003. The petitioner’s constitutional harms began with the execution and auction execution conducted by the Head of the Pontianak District Court, Agung Wibowo, who manipulated the auction execution decision by listing the Petitioner’s Ownership Certificate No. 13765 in the Order of Auction Execution No. 74/PDT.G/2003/PN.PTK jo No. 29/PDT/2004/PT.PTK jo No. 2650K/PDT/2004 dated April 25, 2012.

Whereas the Petitioner was not involved at all in the civil case that was executed, and even the vacant plot of land owned by the Petitioner was never placed under execution seizure. As a result, the manipulation made by Agung Wibowo as the Executor was investigated by the Supreme Court Supervisory Board and the Judicial Commission. He was sanctioned to become a non-judge for two years. According to the Petitioner, the enactment of this norm provided an opportunity for a perfunctory judicial process, provided an opportunity for the head of the district court as executor to carry out executions arbitrarily, and created a long-winded judicial process that did not deliver justice.

In his petitums, the Petitioner requested that the Court declare Article 206 paragraph (1) of the Reglement of Legal Procedure for Regions Outside Java and Madura (Reglement Tot Regeling Van Het Rechtswezen In De Gewesten Buiten Java En Madura (RBg)) which was promulgated and validated by Emergency Law No.1 of 1951 on Temporary Measures to Organise the Unified Structure of the Powers and Procedures of Civil Courts which reads, "The execution of cases decided by the district court in the first instance shall be carried out by order and under the direction of the chairman in the manner specified in the following articles’ is contrary to the Constitution of the Republic of Indonesia and has no binding legal force to the extent that it is not interpreted as ‘Execution carried out arbitrarily, unlawfully, and/or to the detriment of third parties who are not parties to the civil case being executed is invalid’.

Author: Sri Pujianti.

Editor: Nur R.

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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