The ruling hearing for Case No. 144/PUU-XXIV/2026 on constitutional complaint constitutional complaint against the Government of Penukal Abab Lematang Ilir (PALI) Regency, Monday (5/25/2026). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — Chief Justice Suhartoyo delivered a decree for a constitutional complaint against the Government of Penukal Abab Lematang Ilir (PALI) Regency on Monday, May 25, 2026. The petition, filed by Heru Isdaryadi and Deni Syahputera, who represented PT Anugrah Prabu Mandiri and PT Nusantara Mekanika Industri respectively, was first heard on April 30, 2026—where the Court examined the petition and the documents attached.

Chief Justice Suhartoyo explained that the Petitioners’ constitutional complaint against PALI Regency was driven by the regency’s failure to pay the Petitioners for eleven projects under contract with the head of the Community and Village Government Empowerment Office under order by PALI regent. He added that the Petitioners had sought various legal remedies, starting from filing a civil lawsuit with the Muara Enim District Court, an appeal with the Palembang High Court, a judicial review petition with the Supreme Court, and a report with the Ombudsman. However, PALI Regency Government failed to pay.

At the preliminary hearing, the Court advised the Petitioners following Article 39 and Article 36 paragraph (3) of the Constitutional Court Regulation No. 7 of 2025 on the procedural law for judicial review and encouraged them to revise the petition. Based on a justice deliberation meeting on May 18, the constitutional justices determined that the Petitioners’ petition was out of the Court’s jurisdiction.

“The Court hereby declares that it is not authorized to adjudicate the Petitioners’ petition,” said Chief Justice Suhartoyo handing down the ruling for Case No. 144/PUU-XXIV/2026 from the plenary courtroom.

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On October 19, 2025 Petitioner I, who represented PT Anugrah Prabu Mandiri, had signed a contract with the head of the Community and Village Government Empowerment Office to do eleven projects worth Rp1,837,875,000, under the order of the regent. When the projects were 90 percent finished, Petitioner I sent an invoice. The head of the said Office halted the projects while promising to pay for the work that had already been completed. Due to this negligence, Petitioner I filed a civil lawsuit before the Muara Enim District Court to claim payment for the work in question.

In accordance with the laws on state finance and regional government administration, the execution of court decisions involving the payment of a sum of money must be carried out through the budgeting process within the Regional Revenue and Expenditure Budget (APBD). However, the respondent has consistently refused to allocate funds for payment to Complainants I and II on unfounded and contrived grounds. Such conduct not only reflects poor governance but also constitutes defiance of the court decisions a quo.

Moreover, following the complaints submitted by Petitioners I and II, the Ombudsman issued a recommendation ordering the PALI Regency Government to fulfill its obligation to execute the court decisions. Instead of complying in good faith, the PALI Regency Government persisted in its defiance by seeking or constructing further excuses to evade its obligation to pay the Petitioners. It even issued a letter stating that it was unable to implement the Ombudsman’s recommendation and requested that the Ombudsman facilitate a meeting between the Petitioners and the PALI Regency Government.

Based on these arguments, the Petitioners appealed to the Court to order and compel the PALI Regency Government to pay its obligations to Complainant I in the amount of Rp2,566,634,284 pursuant to Decision No. 23/Pdt.G/2016/PN.MRE in conjunction with Decision No. 80/PDT/2017/PT/PLG; to pay its obligations to Complainant II in the amount of Rp2,528,673,520 pursuant to Decision No. 22/Pdt.G/2016/PN.MRE in conjunction with Appellate Decision No. 83/PDT/2017/PT.PLG and Judicial Review Decision No. 590 PK/PDT/2018; and to order the PALI Regency Government to allocate the necessary funds for such payments in the Revised Regional Revenue and Expenditure Budget of Penukal Abab Lematang Ilir Regency for Fiscal Years 2026 and/or 2027.

Read Decree No. 144/PUU-XXIV/2026 (in Indonesian).

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Andhini S. F.
Translator  : Yuniar Widiastuti (NL)

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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