The gubernatorial election in the Special Capital City Region of Jakarta concerns with the interest of all citizens of Jakarta. However, up until now, there are only two pairs of governor and deputy governor candidates who are nominated by political parties because the nomination of independent candidates is not yet possible. The matter has developed a concern that the local election process will impaired the political rights of Jakarta’s citizens.

The abovementioned statement was conveyed by Edi Saidi as a representative of Jakarta Axis for Democracy when he visited the Constitutional Court on Wednesday (6/6). Jakarta Axis is one of many community organizations associated with Jakarta Civil Society for Democratic and Socially Equitable Local Election.

The Jakarta Civil Society visited the Constitutional Court with the intention to ask for immediate decision regarding the judicial review process of Law Number 32 Year 2004 on Regional Government (Regional Government Law) in relation to the upcoming Jakarta Gubernatorial Election. They were received by the Head of the Public Relations Bureau and the Protocol Bureau of the Secretariat General and Registrar’s Office of the Constitutional Court, Agus Prawoto, the Head of the Case and Hearing Administration Bureau Kasianur Sidauruk, and the Head of the Research and Study Center, Zainal Arifin. The meeting was also attended by the Head of the Case Administration Section, Muhidin and the Head of the Mass Media Sub-Section, Heru Setiawan.

On that occasion, Edi Saidi stated that at the present time, some Jakarta’s citizens have no longer trust the political process applied by political parties. According to him, the nomination that can only be conducted by political parties will not only impair the citizens’ rights to participate in the local election but will also give the opportunity for manipulation and money politic practices.

Responding the demand, Kasianur Sidauruk said that the judicial review process in the Constitutional Court has always referred to the provisions set forth in Law Number 24 Year 2003 on the Constitutional Court so that it cannot be intervened by other parties. The law also provides for the period of time for case examination process.

Kasianur also added that the Constitutional Court understood the expectation and the aspirations of Jakarta’s citizens for the acceleration of decision making process in the judicial review of the Regional Government Law in relation to the gubernatorial election of the Special Capital City Region of Jakarta. However, the case examination process in the Constitutional Court greatly depends on the hearing process itself which allows developments. Therefore, it is impossible to make an estimate as to how long a decision on a case will be issued. “Any request for accelerated process should be conveyed in writing to the Chief Justice of the Constitutional Court,” he advised.

Meanwhile, Zainal Arifin also added that the gubernatorial election process of the Special Capital City Region of Jakarta does not only refer to the Regional Government Law but also to Law Number 34 Year 1999 on the Special Capital City Region of Jakarta Government which is currently subject to legislative review by the People’s Legislative Assembly. Apart from that, the party responsible for setting the schedule of the Jakarta Gubernatorial election is not the Constitutional Court but the Elections Commission of Special Capital City Region of Jakarta.

Not A Hearing for Passing a Decision

At almost the same time, the Chief Justice of the Constitutional Court Prof. Dr. Jimly Asshidique, S.H. said to journalists that the hearing for judicial review of the Regional Government Law to be held on June 7, 2007 is not a decision pronouncement hearing as currently perceived by the public. The hearing to be held on the last date for governor’s candidate registration is scheduled for hearing of statements from Experts presented by the Petitioner and the Government, as well as the People’s Legislative Assembly. Thus, more time is still required prior to the passing of decision.

The petition for the judicial review of the Regional Government Law in the Constitutional Court is filed by Lalu Ranggalawe, a member of the Regional Legislative Assembly of Central Lombok Regency who intended to participate in regional head election as an independent candidate.(ardli)