The Constitutional Court held a judicial review of Law Number 32 Year 2004 on Regional Government (Regional Government Law) against the 1945 Constitution on Tuesday (7/6) in the court room of the Constitutional Court. The plenary hearing was scheduled for the hearing of statements of the government, the People’s Legislative Assembly, and the witnesses/experts presented by the Petitioner and the government.

The case number 5/PUU-V/2007 was filed by a member of the Regional People’s Legislative Assembly of Lombok Regency Lalu Ranggalawe who granted his power of attorney to Suriahadi, S.H., and Edy Gunawan, S.H. In his petitum, the petitioner asked the Panel of Constitutional Justices to grant his petition and to declare that 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) and Article 60 Paragraph (2), Paragraph (3), Paragraph (4) and Paragraph (5) contradictory to the 4^th Paragraph of the Preamble of the 1945 Constitution, Article 18 Paragraph (4), Article 27 Paragraph (1), Article 28 Paragraphs (1) and (3) and to declare that those articles do not have binding legal force.

In this hearing, the Petitioner conveyed his opinion that the Regional Government Law has limited the opportunity and the freedom of candidates for Regional Head who are not nominated by political parties. Aside from that, the Petitioner who is represented by his attorney Suriahadi, S.H. said that up until now, regional head election has not, actually, reflected the interest of the general public. The Petitioner provided an example that the victory of independent candidates in the local election of Nangroe Aceh Darussalam (NAD) had indicated the great demand for independency from the public and that they no longer trust political parties.

In the hearing that was also attended by High Ranking Officials of “Republik Mimpi” (a television program) including the Nation Guru Gus Pur, the Vice President of Republik Mimpi Jarwo Kwat, Habudi, and Effendi Ghazali, the People’s Legislative Assembly was represented by a member of Commission III of the People’s Legislative Assembly of the Republic of Indonesia, Nursyahbani Katjasungkana, who explained that the provisions regarding the election mechanism and the nomination of candidate pairs in local elections through political parties or a group of political parties as provided in the Regional Government Law can be permitted considering that the provisions do not impair the equal rights of every person before the law and the government. Meanwhile, the general meaning of freedom related to the human rights as provided in Articles 28D and 28I of the 1945 Constitution cannot be perceived as unlimited freedom. “The regulation is still necessary so that the rights and obligations can be exercised in order and in accordance with the law,” he explained.

On the same occasion, the expert presented by the Petitioner, Syamsuddin Haris stated that the limitation of independent candidates in the Regional Government Law constitutes a misinterpretation of the constitution. This researcher from Indonesian Academy of Science explained that Article 56 of the Regional Government Law regarding the nomination of candidate pairs by political party or a group of political parties is in fact contradictory to equality of rights and opportunity before the government.”

Meanwhile, the prospective candidate for the Special Capital City Region of Jakarta governor who was also presented as a witness by the Petitioner, Faishal Basri said that the nomination process through political parties has never been clear. According to the witness, the nomination process which he previously perceived as a fair, transparent, and democratic process has actually been harmful to the democratization process. This, according to Faishal, was apparent in the screening process for prospective candidates for Jakarta Governor implemented by the National Mandate Party (PAN). “The National Mandate Party stated that it would nominate Agum Gumelar. However, if Agum failed, they would put the position out to tender. If Fauzi (Bowo) made a bid of 100, they will offer it to Adang for 200. Maybe it was only a joke, but to my opinion, it was not appropriate. But that’s the way of political parties,” the economy observer explained.

Before adjourning the hearing, the Chairperson of the Panel of Constitutional Justices, Prof. Dr. Jimly Asshiddiqie, S.H. said that the Constitutional Court does not have any concern with whom nominated in the local election but on the appropriate system for the Indonesian political situation. Apart from that, Jimly also gave the Government and the House the advise to not always defend the Law because it might regarded as a work of previous legislators that is no longer in line with the current position. “There is a possibility that you will be affected by the provisions of the law in the future,” said Jimly before adjourning the hearing. (Prana Patrayoga Adiputra)