Arguing about the Implementation of Provisions on Individual Candidate in Aceh
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In the Judicial Review of Law No. 11 Year 2006 concerning Aceh Government, Attorneys of the Petitioner request the Panel of Constitutional Justices to present Deputy Governor of Aceh, Muhammad Nazar in the subsequent hearing, (15/10).


Jakarta, MKOnline – Judicial Review of Law No. 11 Year 2006 concerning Aceh Government was held again by the Constitutional Court on Friday (15/10) afternoon, at the plenary court room of the Constitutional Court. On this occasion, the Petitioner through his attorney submitted revision to the petition filed.

Despite the revision, the Petitioner still states its intention to review Article 256 of the Law. “There were revisions made to the identity related the domicile of the Petitioner, legal standing as well as changes in several points,” said one of the Petitioner’s attorneys.

Article 256 of the Aceh Government Law reads: “Provision regulating individual candidates in the Elections of Governor/Deputy Governor, regent/vice regent or mayor/vice mayor as intended in Article 67 paragraph (1) sub-paragraph d, shall be applicable and shall only apply to the first election as from the enactment of this Law.”

As for the Petitioner, in the previous hearing, Wednesday (15/6), stated the above-mentioned Article 256 to be contradictory to Article 18 paragraph (4), Article 27 paragraph (1), Article 28D paragraph (1) and Article 3, Article 28I paragraph (2) of the 1945 Constitution. The contradiction, the Petitioner continued, is particularly present in the phrase ‘only apply to the first election as from the enactment of this Law’. According to the Petitioner, the nomination of regional head for individual candidates in Aceh should not be applicable only on the first regional head elections. Because, the Petitioner continued, this has impaired or at least has the potential to impair his constitutional right.

On the same occasion, also present was the Related Party, namely Fajrul Rahman. Fajrul stated that his party would present experts and witnesses related to this judicial review case. Among the experts who would be summoned are Refly Harun, Irman Putra Sidin and Yudi Latif; and as a witness, the Deputy Governor of Aceh, Muhammad Nazar. However, the request to present these experts and witnesses requires further discussion by the Court. “This is a simple issue. Do we need experts? We will see to it later whether or not we need to present experts. We are already experts anyway,” the Chairperson of the Panel of Justices, M. Akil Mochtar partly joked, responded with a smirk from the Petitioner and Fajrul. (Dodi/mh)


Friday, October 15, 2010 | 14:57 WIB 201