Power of Attorney Incorrect, Petitioner Wants Fiduciary Security Case to Continue
Friday, 27 November 2020
| 06:56 WIB
Panel preliminary hearing of the judicial review of the Fiduciary Security Law, Thursday (26/11/2020) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.
JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held a preliminary hearing of the judicial review of Law No. 42 of 1999 on Fiduciary Security on Thursday, November 26, 2020 in the plenary courtroom. The hearing of case No. 99/PUU-XVIII/2020 was presided over by Constitutional Justices Suhartoyo (chair), Wahiduddin Adams, and Enny Nurbaningsih. In the petition, Joshua Michael Djami argued that Article 15 paragraph (2) of the Fiduciary Law and its elucidation is unconstitutional.
At this hearing, the power of attorney attached an incorrect one, so the justices gave the Petitioner’s attorneys the choice whether to continue. Panel chair Justice Suhartoyo said the power of attorney was for the judicial review petition of Job Creation Law, not for that of Fiduciary Security Law. “There is no connection between the petition and the authority of the legal subject Joshua Michael Djami,” he said to attorneys Zico Leonard Simanjuntak dan Dora Nina Lumban Gaol virtually. Therefore, he barred the attorneys from conveying the petition and gave the option to withdraw the petition or to continue with the valid power of attorney.
Simanjuntak admitted the error but requested that the Court allow the case to continue with the valid power of attorney submitted later on. The Petitioner requested that the petition be dismissed. “We will submit a new power of attorney and at the following hearing we will be absent so that [the petition] is dismissed. Then, we will submit a new petition,” he stated.
The Petitioner is an Indonesian citizen who works as a certified internal debt collector at a financing company. He alleged that he had encountered issues due to the enactment of the a quo law, i.e. loss of income and difficulty executing fiduciary security objects due to refusal by debtors.
Writer: Sri Pujianti
Editor: Lulu Anjarsari.
PR: Annisa Lestari
Translator: Yuniar Widiastuti (NL)
Translation uploaded on 11/30/2020 18:22 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.