BPK Member’s Time-Test Applicant Fixed Application

The court hearing on the application of the Law Number 15 Year 2006 on the State Audit Board (BPU) was re-elected by the Constitutional Court (MK) on Tuesday (29/1/2019) noon. Application registered with Number 3 / PUU-XVII / 2019 is filed by BPK Member Rizal Djalil with his lawyer Irman Putrasidin and his colleagues.

Previously, in its application, the Petitioner examined materialally Article 5 paragraph (1) of the Law on BPK in particular the phrase “for 1 (one) time” . The a quo article reads, “Members of BPK hold office for 5 (five) years and can be re-elected for 1 (one) time”. According to the Petitioner, BPK entered into the jurisdiction of the function of legislative powers as the original intent of the 1945 Constitution, BPK should not be subject to the limitation of periodization of 2 (two) term of office as stipulated in Article 5 paragraph (1) of the Law on BPK such as legislative power (MPR, DPD) is not restricted by 2 (two) times periods. The applicant considers, when the House of Representatives does not have a term of office period, thenmutatis mutandis also applies to BPK members because the position of the BPK itself is the same as the House of Representatives, collective and collective in decision making as well as in the legislative function, so it is less likely to act arbitrarily. In its petitum, the Petitioner requested that the Court declare Article 5 paragraph (1) of the CPC Law along the term “for one (1) term of office” contrary to the 1945 Constitution and has no legally binding power.

In the hearing, Andi Irman Putrasidin as lawyer strengthened the argument of the petition. He mentioned the requirement to become a BPK Member is a bachelor’s degree without any specific field rules and a 35-year age limit. If the Petitioner is limited to proposing to be a Member of the CPC only because it has been twice served, it is considered that the Petitioner is unfair.

“We’ve got that to become a BPK Member can be in any field, an important scholar. This character is the same as a member of the DPR, so (BPK Member) is a political post within the framework. Every 5 years new registration is open. If we are likely to be closed (to enroll) for two years, while others can apply under graduate and 35 years of age, we judge this is unfair, “Irman said in front of the Panel of Judges led by Constitutional Justice I Dewa Gede Palguna that is.

In addition to improving the argument of the petition, the Petitioner also improved the evidence tool, the P-7 Evidence Tool which was originally a list of the Petitioner’s life to be the treatise on the formation of the Law on the CPC. (Lulu Anjarsari)

Source: THE CONSTITUTIONAL COURT OF THE REPUBLIC INDONESIA