{
    "success": true,
    "data": {
        "id": 1618979,
        "msgid": "constitutional-court-deems-1980-law-12-irrelevant-rules-on-honourarium-payments-for-mpr-members-1773719696",
        "date": "2026-03-17 10:03:00",
        "title": "Constitutional Court Deems 1980 Law 12 Irrelevant; Rules on Honourarium Payments for MPR Members",
        "author": "Nawir Arsyad Akbar",
        "source": "KOMPAS",
        "tags": "",
        "topic": "Legal",
        "summary": "Indonesia's Constitutional Court has ruled that Law Number 12 of 1980 concerning financial and administrative rights for state leadership and high institution members is conditionally unconstitutional. The Court found that provisions concerning monthly honourarium payments to non-DPR MPR members have become obsolete due to structural changes in the MPR's composition under the amended 1945 Constitution, and has mandated that the government and parliament formulate new legislation within two years.",
        "content": "<p>JAKARTA \u2014 The Constitutional Court (MK) has declared Law Number 12 of\n1980 on the Financial and Administrative Rights of Leaders and Members\nof the Highest and High State Institutions as conditionally\nunconstitutional against the 1945 Constitution.<\/p>\n<p>The ruling was announced by Constitutional Court Chief Justice\nSuhartoyo during the reading of petition number 191\/PUU-XXIII\/2025.<\/p>\n<p>The Court has requested that the legislature, comprising the\nGovernment and the House of Representatives (DPR), enact new legislation\nconcerning the financial rights of high-level state leaders and former\nleaders of high state institutions within a two-year timeframe.<\/p>\n<p>The Constitutional Court also stated that the existing legislation\nregarding pension payments for leaders, DPR members, and other high\nstate institution members shall remain in force until new legislation is\nenacted, with a maximum duration of two years from the issuance of the\nCourt\u2019s ruling.<\/p>\n<p>Regarding the provision in Article 4, paragraph (1) of Law 12\/1980\nwhich stipulates: \u201cMonthly honourarium payments shall be provided to\nMembers of the People\u2019s Consultative Assembly (MPR) who are not Members\nof the House of Representatives,\u201d the Court determined that this\nprovision must be evaluated against the amended constitution.<\/p>\n<p>In its legal reasoning, the Constitutional Court found that Article\n4, paragraph (1) of Law 12\/1980 has lost its constitutional basis\nfollowing changes to the composition of MPR members.<\/p>\n<p>With the MPR now composed solely of members from the House of\nRepresentatives and the Regional Representative Council (DPD), Article\n4, paragraph (1) of Law 12\/1980 has become irrelevant.<\/p>\n<p>\u201cGiven the transformation in the structure of state institutions\nunder the amended constitution, one of the legal foundations for Law\n12\/1980 has been declared inapplicable, and in practice portions of its\ncontent no longer align with current developments in regulating the\nfinancial and administrative rights of state institution leaders and\nmembers. Therefore, the petitioners\u2019 argument that Law 12\/1980 has lost\nits relevance and is outdated is well-founded,\u201d stated Court Justice\nSaldi.<\/p>\n<p>The highest state institutions referenced include the People\u2019s\nConsultative Assembly (MPR), whilst high state institutions comprise the\nSupreme Advisory Council, the House of Representatives (DPR), the\nFinancial Audit Board (BPK), and the Supreme Court (MA).<\/p>\n<p>The leaders of the highest state institutions are the MPR Chairperson\nand Vice-Chairperson, whilst members of the highest state institution\nare MPR members.<\/p>\n<p>Article 4, paragraph (1) of Law 12\/1980 states: \u201cMonthly honourarium\npayments shall be provided to Members of the People\u2019s Consultative\nAssembly who are not Members of the House of Representatives.\u201d<\/p>\n<p>Article 4, paragraph (2) of Law 12\/1980 provides: \u201cThe amount of\nhonourarium payments as intended in paragraph (1) shall be determined by\nGovernment Regulation.\u201d<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/constitutional-court-deems-1980-law-12-irrelevant-rules-on-honourarium-payments-for-mpr-members-1773719696",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}