THE CONSTITUTIONAL COURT EXAMINES A DISPUTE ON THE AUTHORITY OF STATE INSTITUTIONS IN DETERMINING THE ELECTED REGENT/VICE REGENT

The Constitutional Court held a session for examining a Dispute on the Authority of State Institutions filed by the Independent Election Commission (KIP) of Southeast Aceh Regency as Petitioner I and Regional People’s Legislative Assembly of Southeast Aceh Regency as Petitioner II against the Independent Election Commission of Nanggroe Aceh Darussalam Province as Respondent I, Governor of Nanggroe Aceh Darussalam as Respondent II and President of the Republic of Indonesia cq. Minister of Home Affairs of the republic of Indonesia as Respondent III, on Monday (5/11) at 10.00 West Indonesia Time at the Constitutional Court’s courtroom.

The petitioners were present in the hearing accompanied by O.C. Kaligis and associates as their Attorneys. In this case Number 026/SKLN-V/2007, the petitioners were of the opinion that Respondents I, II and III had exceeded their authorities. According to the petitioners, firstly, the constitutional authorities of Petitioner I had been taken over by Respondent I by issuing the results of vote count in the 2006 Election of Regent/Vice Regent of Southeast Aceh Regency, which was carried out in December 11, 2006. This is contradictory to Article 56 paragraph (1) of Law No. 11 of 2006 concerning Aceh Government, stating expressly that KIP Aceh (Respondent I) shall hold Gubernatorial Elections, while according to paragraph (2), Regency/City KIP (Petitioner I) shall hold Gubernatorial Elections, elections of Regent/Vice regent as well as elections of Mayor/Vice Mayor.

Secondly, Respondent II had disregarded the constitutional authority of Petitioner II by submitting a request for the endorsement of the Regent/Vice Regent Candidate elected in the Regional Election to Respondent III. Furthermore, Respondent III issued a Decision of the Minister of Home Affairs concerning the Dismissal of the Acting Regent and Approval of the Appointment of Regent/Vice Regent of Souteast Aceh Regency. Such actions were take as follow up to the request of Respondent II which was made by disregarding the constitutional authorities of Petitioner II, which was actually not within the authorities of Respondent II. This is contradictory to Article 24 paragraph (1) sub-paragraph (d) of Law No. 11 of 2006 concerning Aceh Government, stipulating expressly that Regional People’s Legislative Assembly has the duties and authorities to propose the appointmnet and dismissal of regents/vice regents and mayors/vice mayors to the Minister of Home Affairs through the Governor. Such provisions are also set forth in Article 109 paragraph (4) of Law No. 32 of 2004 concerning Regional Government stating that: ”candidate pairs for Regent and Vice Regent shall be proposed by Regency/City People’s Legislative Council, by no later that 3 (three) days, to the Minister of Home Affairs through the Governor based on the minutes of determination of elected candidates from Regency/City Election Commission for obtaining approval for installation.”

The Preliminary Examination of this case was conducted by a Panel of Constitutional Justices chaired by Constitutional Justice Maruarar Siahaan, with Constitutional Justice Mukthie Fadjar and Constitutional Justice Soedarsono acting as members, and assisted by Substitute Registrar Cholidin Nasir. Before adjourning the hearing, The Panel of Constitutional Justices gave an opportunity for the petitioners to revise and complete their petition within 14 working days. (Mastiur A.P)