The Constitutional Court (Mahkamah Konstitusi (MK)) conducted the third trial session of Act No. 32/2004 about Provincial Government (Provincial Government Act) and UU No. 29/2007 about Provincial Government of Jakarta Special Capital City as Capital City of Unitary State of Republic of Indonesia (Special Capital City Act) petitioned by H. Biem Benjamin, Wednesday (06/11), in the Plenary Room of MK.

At first, the session was held to Hear the Explanation from Parliament, Government, and Related Parties (Provincial Government of Capital City). But, since the Parliament did not come and the Government representatives as well as the representatives of Provincial Government of Capital City had not gotten a proxy letter from the President and the Governor, the session only held to hear explanation from the Petitioner about the point of their petition.

Biem asked the Constitutional Court to test Article  227 Paragraph (2) of Provincial Government Act and Article 1 Point 10, Point 11, Point 12, Article 19 Paragraph (2), Paragraph (3), Paragraph (4), Paragraph (6), Paragraph (7), Paragraph (8), and Article 24 (Special Capital City Act) because the application of provincial autonomy in Jakarta, as set by the Articles, considered to violate with Article 18, Article 18B, and Article 28D Paragraph (3) of 1945 Constitution.

Biem also stated that the Articles had violated their constitutional rights to be voted as a mayor in Jakarta. About it, a Constitutional Justice Natabaya asked him whether being a mayor was a constitutional right. Even more, in the petition, Biem linked it to Article 28D Paragraph 3 1945 Constitution about the right of each citizen to get the same chance in government system “It is true. But is everyone absolutely has the same chance? There are also requirements about it,” Natabaya stated.

Responding Natabaya, Biem said that he though that he had met the requirements to be a mayor. Even he had tried to register to Regional General Election Commission (Komisi Pemilihan Umum Daerah (KPUD))  as a future candidat in Regional Election. “However KPUD could not conducted the Regional Election because it was convicted by  Special Capital City Act,” Biem added.     

Before ending his explanation Bim also stated that he will present Public Policy and Regional Autonomy Expert, Prof. Dr. Bhenyamin Hoessein, and another witnesses such as United Development Party (Partai Persatuan Pembangunan), Hanura Party, City Council, and All Indonesian City Government Association (Asosiasi Pemerintah Kota Seluruh Indonesia (APEKSI)). But, the Chief Justice Jimly Asshiddiqie mandated not to let the parties be witness. “So the case will not go to politic,” Jimly said.

After the session, Biem advanced his optimism that MK would grant their petition. “I am optimistic. Jakata has the same status with special regions. If they (Government and Parliament-red) argue with Article 18B Paragraph (1) 1945 Constitution as their base, they should see that the Article may not violate the Article before (Article 18 1945 Constitution-red.) which arranged that Province, Regency, and City should conduct a democratic election for Parliament members, Governor, and Majyor. So, we are sure that our petition would be grant,” Biem ended. [Kencana Suluh Hikmah]


Wednesday, June 11, 2008 | 15:49 WIB 235