Chief Justice Suhartoyo reading out the Decision of Case No. 39/PUU-XXIII/2025 on the judicial review of several articles in Law No. 1 of 2025 on State-Owned Enterprises (BUMN Law), Thursday (6/5/2025). Photo by MKRI/Bay

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JAKARTA (MKRI) – The Court (MK) has granted the petition to withdraw Case No. 39/PUU-XXIII/2025 on the judicial review of several articles in Law No. 1 of 2025 on State-Owned Enterprises (BUMN Law) against the 1945 Constitution of the Republic of Indonesia (UUD NRI). This petition  was filed by a housewife (IRT) Metha Maranita who is also the wife of Rega Felix who works as an advocate.

"Granting the withdrawal of the Petitioners' petition," said Chief Justice Suhartoyo in the ruling decision on Thursday, June 5, 2025 in the Plenary Courtroom of the Court, Jakarta.

The withdrawal of the previous petition had been submitted by the Petitioner through a letter addressed to the Court. The withdrawal petition was then confirmed by the Court and confirmed by the Petitioner through the hearing.

"In the hearing, the Petitioners in the cases basically confirmed the petition for withdrawal or revocation in question," said Chief Justice Suhartoyo. The Petitioner was also unable to resubmit his petition.

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Also read:

Questioning the Separation of Danantara and BUMN Losses as State Losses

Rega Felix and His Wife Revise Petition of BUMN Judicial Review Regarding Danantara

Petitioner Withdraws Petition of BUMN Judicial Review Questioning Danantara

For information, Rega Felix and Metha Maranita both filed petitions for judicial review of the BUMN Law to the Court, but in different cases. Rega filed the petition in question in Case No. 38/PUU-XXIII/2025.

Metha through Rega Felix who is also the legal counsel in this petition is challenging Article 4B, Article 9G, Article 87 paragraph (5) of the BUMN Law, Elucidation of Article 4B, and Elucidation of Article 9G of Law No. 1 of 2025 which are considered to be in conflict with Article 28H paragraph (1) and Article 33 paragraph (2) of the 1945 NRI Constitution. The both cases essentially question the existence of norms that separate the losses of the Daya Anagata Nusantara Investment Management Agency (BPI Danantara) from BUMN losses as state losses. According to the Petitioners, not categorizing the losses experienced by Danantara as state losses is contrary to the spirit of eradicating corruption which is a constitutional mandate.

The norms reviewed by the Petitioner include, Article 3H paragraph (2) of the BUMN Law: “Profits or losses experienced by the Agency in carrying out investments as referred to in paragraph (1) are profits or losses of the Agency”; Article 3X paragraph (1) of the BUMN Law: “The Agency’s organs and employees are not state administrators”; Article 4B of the BUMN Law: “Profits or losses experienced by BUMN are profits or losses of BUMN”; Article 9G of the BUMN Law: “Members of the Board of Directors, Board of Commissioners, and Supervisory Board of BUMN are not state administrators”; and Article 87 paragraph (5) of the BUMN Law: “BUMN employees as referred to in paragraph (2) are not state administrators.”

In her petitum, the Petitioner in Case No. 39/PUU-XXIII/2025 requested the Court to declare Article 4B of Law No.1 of 2025 is contrary to the 1945 Constitution of the Republic of Indonesia and does not have legally binding force as long as it is not interpreted as "Profits or losses experienced by BUMN are profits or losses of BUMN and are part of state losses"; The Petitioner also requested to the Court to declare the word "not" in Article 9G, and Article 87 paragraph (5) of Law No.1 of 2025 are contrary to the 1945 Constitution of the Republic of Indonesia and do not have legally binding force.

Both hearings of the cases were previously also held simultaneously by the Panel of Justices presided over by Constitutional Justice Arief Hidayat accompanied by Constitutional Justice Enny Nurbaningsih and Constitutional Justice Daniel Yusmic P Foekh. (*)

 

Author        : Mimi Kartika

Editor         : Lulu Anjarsari P.

PR              : Fauzan Febriyan

Translator  : Donny Yuniarto

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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