The Constitutional Court held a preliminary examination hearing for Judicial Review of Law Number 32 Year 2004 on Regional Government (Regional Government Law) against the 1945 Constitution of the Republic of Indonesia (the 1945 Constitution) on Tuesday (5/6), at 10.00 WIB in the court room of the Constitutional Court. The hearing of case number 14/PUU-V/2007 was presided over by Soedarsono, S.H., as the Chairperson of the Panel of Constitutional Court Justices, Prof. Abdul Mukthie Fadjar, S.H., M.S dan I Dewa Palguna, S.H., M.H. as members of the Panel Justices

The petition was filed by H. Muhlis Mutu who granted his power of attorney to Januardi S. Haribowo, S.H., Bayu Prasetio, S.H., M.H., Erni Rasyid, S.H., Kartini Amir, S.H., M.H., and Ahmad Waluya, S.H. In his petition, the Petitioner stated that the coming into effect of the Regional Government Law, particularly Article 58 Sub-Article f, has impaired his constitutional rights. Article 58 Sub-Article f has interdicted a person to be nominated as a candidate for Regional Head/Deputy of Regional Head if he/she has been convicted to serve five years in prison for committing criminal offense with maximum sentence of 5 years or more.

With the application of such provision, the Petitioner’s intention for running as a prospective candidate for Deputy Regent in the local election in Takalar Regency had to be dropped. In his petitum, the Petitioner asked the Panel of Constitutional Justices to grant the request and to declare that Article 58 Sub-Article f of the Regional Government Law contradictory to Article 27 Paragraph (1), Article 28D Paragraph (2), Article 28I Paragraph (2) of the 1945 Constitution and to declare that the aforementioned articles do not have binding legal force.

In the preliminary hearing, the Panel of Constitutional Justices gave a 14-day period for the attorneys to revise the petition. (Prana Patrayoga Adiputra)