Constitutional Court Invalidates DPR Retirement Regulation, Formappi: Victory for Public Justice
The Constitutional Court (MK) has formally declared Law Number 12 of 1980 concerning pension payments for DPR leadership and members to be conditionally unconstitutional. This ruling has been welcomed positively as a concrete step towards upholding justice for the public.
Lucius Karus, a researcher at Formappi (Forum of Societies Concerned with the Indonesian Parliament), praised the Constitutional Court’s decision as a response to persistent public criticism. He argued that the court has succeeded in aligning constitutional principles with the sense of justice long demanded by the public.
“We respect the Constitutional Court’s decision because it has ensured that justice, which is a constitutional mandate, is upheld through this ruling on DPR member pension funds. The Constitution guarantees justice, and public criticism of these pension funds represents a demand for justice itself,” said Lucius in an interview on Monday, 16 March.
Lucius emphasised that through this ruling, the legislative body can no longer shelter behind outdated legal provisions that are irrelevant to current economic conditions and contemporary notions of justice.
Two-Year Deadline
In its operative provisions, the Constitutional Court has given the government and DPR a maximum of two years to draft new legislation. If new regulations are not enacted within this timeframe, the financial rights related to pensions will automatically lose legal force.
“The DPR has been given no choice to continue hiding behind Law 12/1980. If it is not addressed within the next two years, member pension funds will truly become unconstitutional,” Lucius asserted.
He also criticised the DPR’s performance in allowing this regulation to persist despite continuous controversy. According to Lucius, it is now time for legislative functions to be exercised based on genuine public needs.
“The definition of legislative function should be based on societal needs. We await the DPR and government’s response to promptly schedule discussions on this matter as soon as possible,” he concluded.
Constitutional Court Ruling
Earlier, in hearings held in the Constitutional Court’s Plenary Hall in Jakarta on Monday, 16 March, MK Chief Suhartoyo emphasised that Law 12/1980 contradicts the 1945 Constitution insofar as it is not replaced.
“The Court declares that Law Number 12 of 1980 concerning Financial/Administrative Rights of Leaders and Members of the Highest State Institutions, as well as Former Leaders and Members of High State Institutions and Former Members of High State Institutions, contradicts the 1945 Constitution of the Republic of Indonesia and has no binding legal force conditionally insofar as it is not replaced with new legislation within a maximum of two years from the date this decision is pronounced,” Suhartoyo stated.
The Constitutional Court has ruled that the old regulation remains in effect until new legislation is enacted, provided it does not exceed the two-year deadline that has been set.