Jakarta, hitclubapk3 Indonesia
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Three people
student
who comes from East Java submitted a judicial review of Law Number 22 of 2009 concerning Road Traffic and Transportation (LLAJ) to the Constitutional Court (MK).
A material test was issued because many roads were damaged and not immediately repaired by road operators.
The case registered with number: 249/PUU-XXIII/2025 was filed by Wahyu Nuur Sa’diyah (Petitioner I), Anggun Febrianti (Petitioner II), and Lena Dea Pitrianingsih (Petitioner III).The preliminary hearing was held today.
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The Petitioners questioned the provisions of Article 24 paragraph (1) and Article 273 paragraph (1) which were considered to create legal uncertainty.
The Petitioners assess that the phrase “immediately” in Article 24 paragraph (1) which regulates the obligation of road operators to repair damaged roads has multiple interpretations and does not have a clear time limit.
“Our losses arose because of the unclear phrase ‘immediately’ in the provisions of Article 24 paragraph 1 and Article 273 paragraph 1. First, the condition of road infrastructure in several areas in Indonesia, especially in Tulungagung, found a lot of damage,” said Lena Dea.
“The form of damage is in the form of large holes spread unevenly, which are often invisible or covered by puddles of water during the rainy season,” he continued.
He said, not only did the road have holes, but it was found that the asphalt surface on the edge of the road was porous and brittle.
The Petitioners admitted that they had suffered concrete losses.This was marked by an accident experienced due to a pothole in the Pulosari area, Tulungagung, on May 14 2025 which resulted in him being treated in hospital.
“Not long after that, Petitioner I’s colleague almost slipped due to an accident on the damaged road in Petitioner I’s area, and to date the road has not been repaired,” said Lena Dea.
Meanwhile, Anggun also almost fell due to a pothole in the Sumbergempol area, Tulungagung, on October 4 2025 while returning from college.The incident caused the tire of the applicant’s vehicle to burst.
The Petitioners consider that Article 24 paragraph (1) and Article 273 paragraph (1) of the LLAJ Law are contrary to the 1945 Constitution. The Petitioners consider that Article 24 paragraph (1) of the LLAJ Law can be used as a loophole to delay the implementation of road repairs.
According to the Petitioners, the diction “immediately” in this article does not provide legal certainty regarding the maximum deadline for carrying out repairs to damaged roads.As a result, many road operators can postpone obligations for road repairs.
In their petitum, the Petitioners asked that the phrase ‘immediately’ in Article 24 of the LLAJ Law be contrary to the 1945 Constitution. The Petitioners asked that the word “immediately” be interpreted as an obligation to repair roads within the latest time according to the minimum service standards that have been determined.
“Declaring the word ‘immediately’ in Article 24 paragraph (1) of Law Number 22 of 2009 concerning Road Traffic and Transportation is contrary to the 1945 Constitution of the Republic of Indonesia and does not have conditionally unconstitutional binding legal force as long as it is not interpreted “at the latest according to the minimum service standards set, or completed at the latest in the current fiscal year using routine maintenance funds or emergency response funds,” said the Petitioners.
(ryn/ugo)
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