Constitutional Court Rejects Complaint Late Rule to Extend SIM Must Make a New One, Here's the Reason

JAKARTA - The Constitutional Court (MK) stated that it could not accept a lawsuit by a state civil servant (ASN) teacher, Ahmad Royani. Where, questioning the rules for delaying extending the driver's license (SIM) which makes the owner have to apply for a new SIM issuance.

The verdict was read at the MK's Decision/Decision Reading Session on Wednesday, August 12, 2026. Ahmad previously filed a material test against Article 85 paragraph (2) of Law Number 22 of 2009 concerning Traffic and Road Transport (UU LLAJ).

In his application, Ahmad told his experience when he wanted to extend the SIM whose validity expired on June 2, 2026. At that time, he was carrying out his duties as a teacher and had to prepare a summative assessment for students so that he could not leave his job.

"That the Applicant has difficulties on that date, namely that the Final Sumative Assessment is being carried out which cannot be left, (vide Proof P-6) which causes the Applicant to only be able to carry out the extension process at Satpas on Friday, June 5, 2026 which means it is only 3 days late from the due date," he wrote in the lawsuit.

However, when it came to the SIM Administration Organizing Unit (Satpas) to extend the SIM, his application was rejected because it had expired.

"That when the Applicant came to extend, the officer rejected the extension request with the excuse of delay, based on the derivative rule of Article 85 paragraph (2) of the LLAJ Law which is rigid, due to the lack of certainty of the grace period (grace period) at the level of the Law," he said.

Due to the three-day delay, Ahmad had to follow the procedure for issuing a new SIM, including retaking the theory and practice exams like applicants who had made a SIM for the first time.

"It is as if the driving competence that the Applicant has had so far is considered completely lost just because of administrative negligence for 3 days," he said.

Ahmad assessed that the provision caused real losses because it made him lose fair legal certainty. In addition, he had to spend additional time, energy, and costs which he considered were not commensurate with the administrative error that occurred.

Through his petition, Ahmad asked the Constitutional Court to declare that the phrase "can be extended" in Article 85 paragraph (2) of the LLAJ Law is in conflict with Article 28D paragraph (1) and Article 28H paragraph (2) of the 1945 Constitution and does not have binding legal force.

He also asked that the provision be interpreted by giving a grace period for SIM owners who are late in extending. According to him, delays can be subject to administrative fines gradually based on the length of the delay, while the issuance of a new SIM from the beginning is only required if the delay has exceeded the extreme limit, namely more than one year.

However, the Constitutional Court did not finally enter into the main issue raised by Ahmad. In the hearing which was broadcast via the Constitutional Court's YouTube channel, Constitutional Court Chairman Suhartoyo read the ruling stating that the application was not acceptable.

"Amar the verdict, tried, the application number 267/PUU-RB/2022/2022 is not accepted," said the Constitutional Court's ruling, read by Constitutional Court Chief Justice Suhartoyo, as quoted by VOI, Thursday, August 13.

Deputy Chairman of the Constitutional Court Saldi Isra then read the Court's considerations. Previously, the Constitutional Court had given Ahmad the opportunity to improve his application. However, the improvement submitted online on July 30, 2026 was only an electronic file and was not accompanied by the applicant's signature.

In addition, the Constitutional Court asked that the evidence submitted be stamped or notarized. In the repair document, a number of evidence, namely Evidence P-2, P-3, and P-5, did not meet these provisions.

"By not submitting the application file in physical form, both the applicant's application and the evidence, as confirmed by the applicant in the preliminary examination hearing, so that the evidence cannot be validated at the trial," said the consideration read by Saldi Isra.

With the non-fulfillment of the formal requirements in the submission of the application for testing the law, the Constitutional Court decided not to continue the examination of the substance of Ahmad Royani's lawsuit. Thus, the issue regarding the rules of the owner of the SIM who was late in extending the process of issuing a new SIM from the beginning has not become a material considered by the Constitutional Court in the decision.