Decision Pronouncement Hearing of Case No. 150/PUU-XXIII/2025 on the material judicial review of Law No. 11 of 1969 on the Civil Servant Pensions and Pensions for Civil Servants’ Widows/Widowers, Monday (29/9). Photo by MKRI/Bay.

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Jakarta (MKRI) – The Constitutional Court (MK) declared a judicial review petition on Article 18 paragraph (4) letter a of Law No. 11 of 1969 on Civil Servant Pensions and Pensions for Civil Servants’ Widows/Widowers (Law 11/1969), filed by Donaldy Christian Langgar, inadmissible. The Court found that the petition lacked a clear and adequate explanation regarding the alleged contradiction between the challenged provision and Article 28H paragraph (2) of the 1945 Constitution, which served as the constitutional benchmark.

“The Petitioner’s evaluation relates to the grammatical aspects used in Article 18 paragraph (4) letter a of Law 11/1969, which is considered inaccurate, as well as the explanation of the concrete case experienced by the Petitioner in submitting a pension payment claim to Taspen,” said Chief Justice Suhartoyo during the pronouncement of Decision No. 150/PUU-XXIII/2025 on Monday, September 29, 2025, at the Plenary Courtroom.

In addition, the Court found that the second petitum of the petition was phrased in an unusual manner and contained internal inconsistencies. It noted that while the Petitioner asked the Court to declare Article 18 paragraph (4) letter a of Law 11/1969 inconsistent with the 1945 Constitution, he also requested a conditionally constitutional interpretation, which made the petitum contradictory.

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In his petition, Donaldy stated that as an heir, he was unable to receive the full pension payment after the deceased civil servant and their widow/widower passed away due to the application of the challenged article. He argued that the age requirement should no longer be a determining factor, and that other qualifications—such as whether the beneficiary is unemployed or unmarried—should instead be considered.

Article 18 paragraph (4) letter a of Law 11/1969 reads, “Children entitled to receive a widow’s pension or a portion of it, in accordance with the provisions of paragraph (1) or paragraph (2) of this Article, are those who, at the time of the death of the civil servant or pensioner: a. have not reached the age of 25; or.” According to the Petitioner, this provision creates a legal gap, as it could exclude children aged over 25 from entitlement.

He argued that proof of status as an heir is generally established through an official government identity card or by court decision. In his petitum, the Petitioner asked the Court to declare Article 18 paragraph (4) letter a of Law No. 11 of 1969 contrary to the 1945 Constitution, unless interpreted to mean “have not reached.”

Author: Mimi Kartika
Editor: Lulu Anjarsari P.
PR: Raisa Ayuditha M.

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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