The Constitutional Court Reviews Regional Government Law
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The Constitutional Court held a hearing for the review of Law Number 32 Year 2004 regarding Regional Government against the 1945 Constitution, on Tuesday March 13, 2007 at 10.00 hours West Indonesia Time at the courtroom of the Constitutional Court, on Jalan Medan Merdeka Barat Number 7 Central Jakarta. The second panel hearing, with the agenda of examining the petition was presided over by Dr. Harjono, S.H., MCL as the Chairperson and I Ketut Gede Palguna, S.H.M.H., and Soedarsono, S.H. acted as Member Justices.

The petition was filed by a Member of Regional People’s Legislative Assembly of Lombok Regency, Lalu Ranggalawe, who was represented by his Attorneys-in-Facts Suriahadi S.H. and Edy Gunawan, S.H., in which, the Petitioners requested the Panel of Constitutional Justices to grant the petition of the Petitioners and to declare Article 56 Paragraph (2), Article 59 Paragraph (1), Paragraph (2), Paragraph (3), Paragraph (4), Paragraph (5) Sub-paragraph a, Paragraph (5) Sub-paragraph c, Paragraph (6) especially the phrase: “... political party or a group of political parties...” and Article 60 Paragraph (2), Paragraph (3), Paragraph (4) and Paragraph (5), especially the phrase “ political party or a group of political parties” contradictory to paragraph IV of the Preamble of the 1945 Constitution, Article 18 Paragraph (4), Article 28C Paragraph (2), Article 28D Paragraph (3), Article 28E Paragraph (3), Article 28H Paragraph (2) and Article 28I Paragraph (2) of the 1945 Constitution and to declare that those articles especially the phrase “... political party or a group of political parties...” do not have binding legal effect. 

At the hearing, Member Justice, Palguna advised the Attorneys-in-Fact of the Petitioner to be more prudent in filing the petition, because the deletion of the phrase indicated in the Articles, if the petition is granted, will damage the law and it is not the authority of the Constitutional Court to make any additions. In addition, the Chairperson of the Panel of Justices Harjono gave more time to the Petitioner’s Attorneys-in-Facts to rectify the Petition until this afternoon (Tuesday-ed.), considering that time given previously by the Constitutional Court has expired.

According to the Petitioner, the Regional Government Law negates opportunities and rooms for independent candidates who do not belong to political parties in Regional Elections. Aside from that, according to the Petitioner, Regional Elections so far have not reflected the interest of the public in general.

 


Wednesday, March 14, 2007 | 15:15 WIB 339