Jakarta PTUN hearing: Fahri Bachmid becomes a member of the Ministry of Law and Human Rights in the PLK lawsuit case

JAKARTA - The trial of the dispute lawsuit between the State Administrative Organization of the Lyceum Christian Association (PLK) against the Directorate General of General Legal Administration (Ditjen AHU) of the Ministry of Law of the Republic of Indonesia was held again, Wednesday (10/6/2026) at the State Administrative Court (PTUN) Jakarta. This case entered an important phase with the agenda of hearing expert testimony from the defendant.

In today's trial agenda, the defendant, the Directorate General of General Legal Administration of the Ministry of Law of the Republic of Indonesia, presented the State and Constitutional Law Expert of the University of Muslim Indonesia (UMI), Dr. Fahri Bachmid, S.H., M.H., as an expert to strengthen the legal argumentation and the defendant's arguments in the case.

Case Number 435/G/2025/PTUN.JKT is headed by the Chairperson of the Panel of Judges Pulung Hudoprakoso, S.H., M.H., accompanied by Member Judges Meita Sandra Merly Lengkong, S.H., and Rachmadi, S.H.

During the trial, the expert defendant, Dr. Fahri Bachmid, S.H., M.H., explained the constitutional view regarding the legal policy made by the Ministry of Law of the Republic of Indonesia in terms of revoking the legal status of the Perkumpulan Lyceum Kristen (PLK) through SK Minister of Law Number AHU-08.AH.01.43 of 2025.

This step was taken because PLK claimed to be the successor of the colonial-era organization Het Christelijk Lyceum (HCL) which had been disbanded and declared a prohibited organization since 1960.

Fahri Bachmid believes that the dispute that is the object of examination in this case is not only related to administrative aspects alone. This case also has a state dimension that is closely related to the political law of the state, the implementation of state sovereignty, and the policy of decolonization in the history of Indonesian law.

In addition, this dispute also touches on the authority of the state in carrying out supervision and discipline of certain organizations, as well as the relationship between state actions and the rule of law principle as guaranteed in the 1945 Constitution of the Republic of Indonesia.

Dr. Fahri Bachmid explained that Presidential Decree Number 50 of 1960 was a constitutional basis as a legal umbrella for the dissolution of the HCL school, which was established during the Dutch East Indies in Dago, Bandung on December 14, 1926. At that time, the Presidential Decree was a manifestation of the state's policy oriented towards protecting national sovereignty.

Therefore, the norms contained therein must be understood within the framework of the political law of the state at the time of its formation. Namely as a legal instrument used by the state to safeguard national interests, control the influence of certain foreign organizations, as well as assert state authority in determining which organizations can or cannot carry out their activities in the territory of the Republic of Indonesia.

The legal politics of decolonization were further strengthened through various other state policies, including the Cabinet Presidium Regulation Dwikora Number 5/Prk/1965 which in essence became an instrument for implementing various policies to discipline organizations and secure assets related to foreign interests.

Fahri Bachmid argues that the nationalization policy that developed in the late 1950s and early 1960s cannot be separated from the constitutional spirit contained in the opening and Article 33 of the Constitution of the Republic of Indonesia in 1945.

The policy is essentially a legal instrument used by the state to strengthen national sovereignty and reduce foreign domination over certain sectors, by placing the interests of the Indonesian nation as the main orientation of government administration.

Thus, Fahri Bachmid emphasized from the perspective of state governance and constitutional law, that the state as the holder of sovereignty has constitutional authority to form legal policies, make arrangements, supervision, restrictions, and certain legal actions against organizations, institutions, or legal entities that are within the scope of national jurisdiction.

"This authority is completely legitimate as long as it is given by law and implemented in accordance with the principle of the rule of law. In this case, the action to revoke the legal entity status of the Christian Lyceum Association (PLK) carried out by the Ministry of Law based on the Basis of Contrarius Actus," concluded Dr. Fahri Bachmid.