Key Benefits:
increased synergy and integration of network infrastructure towards next generation
network; increased knowledge and community understanding of
the potential for telematics utilization as well as utilization and development
technology-based applications of information and communication; industrial development
within the country; and the content industry as an effort creation of added value of
information.
That the applicant as the Chairperson of the NGO's Consumer Society
Telecommunications Indonesia feels aggrieved over the existence of " Attachment
Act No. 17 of 2007 on the Development Plan
Long Term 2005-2025 in Appendix D on "Sarana and
Prasarana which Adai and Forward" at 31 pages 55 and pages
56 on the subject matter reads, " the application of the concept of technology
5
neutral responsiveness to market and industrial needs with a fixed
keeping of the existing system's integrity ".
6. That in "Annex Act No. 17 of 2007 on
The Long Term Development Plan of 2005-2025 in the Attachment
D on" Sarana and Prasarana which Adai And Forwards " at the number 31
page 55 and page 56 which on the subject matter reads
"application of neutral technology concepts responsive to market needs
and industry by keeping existing system integrity" does not exist
definition of the sentence in Post-Articles of Law Number 17
Year 2007 on the Term Development Plan Length 2005-
2025 (2007 State Sheet Number 33) set to date 5
February 2007 as well as in explanation of Law Number 17
Year 2007 on the Long Term Development Plan of 2005-
2025 (State Sheet Number 4700); that in the Act
Number 36 of 1999 on Telecommunication in Section 32 paragraph paragraph (1)
and paragraph (2), Article 33 of the paragraph (1), paragraph (2), paragraph (3), and paragraph (4), Section 34 of the paragraph
(1), verse (2), and paragraph (4) that is the lex specialist Act
derogate generalis in the field of telecommunications governing the existence of requirements
and/or restrictions on the use of technology.
7. That with the "Attachment Act No. 17 Year 2007
on the Long Term Development Plan 2005-2025 in
Attachment D on" Sarana and Prasarana which Adai and Forward " at
the 31-page figure 55 and the page 56 which on the subject matter
reads "application of the concept of neutral technology responsive to
the needs of the market and industry by keeping the system integrity
there has been", has led to an interpretation that different from the government side
with LSM-KTI in the application and the guideline in society
Telecommunication users and if this is left to be potentially
large against the public in particular the country's loss in the Acceptance
The State is Not Tax (PNBP); whereas in Act Number 20
The year 1997 on the State Reception Not the Tax Article 9 clause (1) and
paragraph (2) that is the lex specialist derogate generalis
in the
field of PNBP set the number of state receipts instead of the owed tax
defined by way: specified by the Government Instancy or calculated
6
alone by Wajib Pay. Remember the country's acceptance system
not tax has its own characteristics and patterns and in this case it already exists
setting the types and tariffs on types that apply to the PNBP Department
Communications and Informatics, then The application "application of the technology concept
is responsive to market and industrial needs with fixed
keeping the existing system" will be potentially great against
the public as well as the country's losses in the State acceptance is not tax;
8. That in "Annex Act No. 17 of 2007 on
The Long Term Development Plan of 2005-2025 in the Attachment
D on" Sarana and Prasarana that Adai and Forward " at the number 31
page 55 and pages 56 which on the subject matter reads
"application of the concept of neutral technology responsive to market needs
and Industry by keeping the existing system integrity", not
alluded to at all in passage of Law Number 17
Year 2007 on the Term Development Plan Length 2005-
2025 (2007 State Sheet Number 33) set to date 5
February 2007 as well as in Explanation of Law Number 17
Year 2007 on the Long Term Development Plan of 2005-
2025 (State Sheet Number 4700); whereas in the Act
Number 36 of 1999 on Telecommunication in Section 7 of the paragraph (2) and
explanation that is the lex specialist derogate
generalist in the field of telecommunications technology already discussed that in
hosting Telecommunications, aware of things as follows
anticipates the development of global technologies and demands; so all
technology must be anticipated and not to be selected free and
to be used free-free in the legal area of the Republic of Indonesia.
9. That in "Annex Act No. 17 of 2007 on
The Long Term Development Plan of 2005-2025 in the Attachment
D on" Sarana and Prasarana that Adai and Forward " at the number 31
page 55 and pages 56 which on the subject matter reads
"application of the concept of neutral technology responsive to market needs
and industry by keeping the existing system integrity", not
mentioned at all in passage of Law Number 17
Year 2007 on the Term Development Plan Length Of 2005-
7
2025 (2007 State Sheet Number 33) set to date 5
February 2007 as well as in explanation of Law Number 17
2007 on the Long Term Development Plan 2005-
2025 (State Sheet Number 4700); whereas in the Act
No. 8 of 1998 on Consumer Protection that is
Lex specialis derogate generalis in the field of technology
consumer protection is already weighing about " technology content that
can improve well-being the community a lot and at once
get certainty over the goods and/or services acquired and
trade without resulting in consumer losses "; so all
technology must be anticipated and not to be selected Free-free and
for free use in the legal region of the Republic of Indonesia.
III. PETITUM Based on the items described above, the applicant with this
implores the Assembly of Justice of the Constitutional Court as a bodyguard and
the supreme interpreter of the constitution, please check, prosecute, and
<55 and the page 56 which reads, " Post construction andtelematics directed to drive the creation of the society based
information (knowledge-based society) through the creation of the competition foundation
long term of the event post and telematics in the Neighborhood
multioperator; antisipasian implications of telecommunication convergence,
information technology, and broadcasting, both regarding institutional and
regulations including those related to security issues, privacy, privacy,
and information integrity; application rights intellectual property; improvement
the legality that could eventually result in market and industrial convergence;
optimizing of construction and utilization of post and telematics infrastructure
and nontelecom infrastructure in the hosting telematics;
" application of the concept of neutral techno p>severing the application with an amused verdict as follows:
IV. IN PROVISI 1. Ordered Cq Government Minister of State Planning
National Development/Development Planning Board
National (Bappenas) and Ministry of Communications and Informatics
making adjustments resulting from the changes to the changes to the Invite-
Invite Number 17 Year 2007, in particular in Annex Act
Number 17 of 2007 on the Long Term Development Plan
Year 2005-2025 in the Attachment D on " Sarana and Prasarana
Tads and forwards " at 31 pages 55 and page 56,
in particular on the phrase "The application of the concept of responsive neutral technology
to market and industrial needs by keeping the integrity
system already exists".
IN THE SUBJECT MATTER 1. Accept and grant the applicant's request entirely.
2. Corroborates the provision ruling that the applicant represents
Attachment Act No. 17 of 2007 on Plan
Long Term Development of 2005-2025 in Appendix D
8
on "Sarana and Prasarana that Adai and Forward" at the number 31
page 55 and page 56, in particular the phrase " concept application
responsive neutral technology to market and industrial needs
by keeping the existing system integrity ", contradictory
with Article 18A paragraph (2), Article 18B paragraph (1) and paragraph (2), Article 33 of the paragraph
(1), paragraph (2), and paragraph (3) of the 1945 Constitution.
3. States Act No. 17 of 2007 on
The Long Term Development Plan 2005-2025 in
Attachment D on "Sarana and Prasarana which Adai and Forward" at
number 31 page 55 and page 56, particularly in the phrase "" application
the concept of neutral technology that is responsive to market needs and
industry by keeping the existing system integrity ", not
has a legal force binding on the Act Number
17 Years 2007 on the Long Term Development Plan of the Year
2005-2025.
4. States Act No. 17 of 2007 on
The Long Term Development Plan 2005-2025 in
Attachment D on "Sarana and Prasarana which Adai and Forward" at
number 31 page 55 and page 56, especially on the phrase "application
the concept of neutral technology that is responsive to market needs and
the industry by keeping the existing system integrity",
contrary to the articles as well as the explanation of the Act
Number 17 of the Year of 2007 on the Long Term Development Plan
Year 2005-2025.
5. Stated Appendix No. 17 of 2007 on
The 2005-2025 Long Term Development Plan
Attachment D on "Sarana and Prasarana which Adai and Forward" at
the 31-page figure of 55 and page 56, especially on the application phrase
the concept of neutral technology that is responsive to market needs and
industry by keeping the existing system integrity ", not
has a legal force binding with all consequences The law.
6. Ordering the loading of this verdict in Country News as
should be.
9
OR
If the Assembly of Justice of the Court argues another, please the judgment be fair-
he is fair (ex aequo et bono).
[2.2] weighed that in order to prove its control, the applicant has
submitted a letter/writing tool given the proofs of the P-1 proof up to
The evidence of P-6 as follows:
1. Evidence P-1: Photocopy of the Basic Budget Society Swadaya Society
Consumer Telecommunications Indonesia;
2. Evidence P-2: Photocopy of the State Basic Law of the Republic of Indonesia
Year 1945;
3. Evidence P-3: Photocopy Act No. 17 of 2007
on the Long Term Development Plan of 2005-
2025;
4. Evidence P-4: Photocopy Act No. 17 of 2007 on
The Long Term Development Plan of 2005-2025;
5. Evidence P-5: Photocopy Act No. 36 of 1999 on
Telecommunications;
6. Evidence P-6: Photocopy Act No. 20 of 1997 on
The Acceptance of State Not Tax (PNBP);
[2.3] weighed that to shorten the description in this ruling,
everything that happened in the trial was quite appointed in news of the event
the trial, which is one unbreakable unity with
this verdict;
3. LEGAL CONSIDERATIONS
[3.1] Draw that the legal issue of the applicant ' s plea
is to test Attachment D on "Sarana and Prasarana Adai and
Forward" at 31 page 55 and page 56, Act Number 17
Year 2007 on the Long Term Development Plan 2005-2025
(New Republic of Indonesia Gazette 2007 number 33, additional
sheet of state of the Republic of Indonesia Number 4700) was subsequently called the Act
10
17/2007 against the Basic Law of the Republic of Indonesia in 1945
(subsequently called UUD 1945);
[3.2] weighed that before considering the subject's subject,
The Constitutional Court (later called the Court) in advance would
consider:
a. The Court's authority to prosecute a quo; and
b. Legal standing (legal standing) applicant;
Constitutional authority
[3.3] weighing that under Article 24C paragraph (1) Constitution of 1945, Article 10
paragraph (1) letter a Law Number 24 of 2003 on the Court
The Constitution as amended by Act Number 8 of the Year
2011 on Changes to the Law No. 24 Year 2003 concerning
Constitutional Court (State Sheet of the Republic of Indonesia Year 2011 Number
70, Additional leaf of the Republic of Indonesia Number 5226, next
called Act MK), Article 29 verse (1) letter a Law Number 48 Year 2009
on the Power of Justice (State Sheet of the Republic of Indonesia of the Year
2009 number 157, Additional Gazette of the Republic of Indonesia Number 5076),
one of the Court's authority is to prosecute at first level and
the last of its verdict is final to test the Act against
Constitution of 1945;
[3.4] Draw that the applicant's plea is to test
the constitutionality of the Attachments D about "Sarana and the Adequate Prasarana and
Forward" at 31 page 55 and page 56 Act 17/2007 against the Constitution
1945, therefore the Court of Justice to prosecute a quo;
The Occupation of Law (Legal Standing) The applicant
[3.5] A draw that under Article 51 of the paragraph (1) Act MK, which can
apply for testing the Act against the Constitution of 1945 is
those who consider the rights and/or its constitutional authority that
granted by the 1945 Constitution is harmed by the enactment of an Act, -
11
a. Individual citizens of Indonesia (including groups of people
have common interests);
b. the unity of the indigenous law society as long as it is alive and in accordance with
the development of the society and the principle of the Republic of the Republic of Indonesia
which is set in Undang-Undang;
c. the public or private legal entity; or
d. state agencies;
Thus, the applicant in testing the Act against the UUD
1945 must explain and prove first:
a. The applicant's position is in accordance with Article 51 of the paragraph (1) of the MK Act;
b. the absence of the constitutional rights and/or constitutional authority provided by
of the 1945 Constitution resulting from the enactment of the Act
is mohoned testing;
[3.6] It is also