Rules elections of regional heads are not defined directly as listed in Law 12 of 2008 on Amendment of Law. 12 of 2004 on Regional Government and Law 15 of 2011 on the General Election is considered contrary to the 1945 Constitution. Several applicant listed as the applicant for judicial review of Article 56 paragraph ( 1 ) of the Regional and Article 1 paragraph 4 of the Election Law , the Forum for Justice and Constitutional Studies as well as some individual applicant .

In the inaugural session , led by Deputy Chief Justice Arief Hidayat , Petitioner , represented by Ryan Muhammad as the attorney , argued that these two articles have violated the constitutional rights of the applicant . Article 56 paragraph ( 1 ) of the Regional states " regional head or deputy head of the region selected in the candidate pair democratic management based on the principles of direct , general , free , confidential , honest and fair . Meanwhile , Article 1 paragraph 4 Election Law states " The selection of Governor , Regent , and Mayor Election is to elect governors , regents and mayors democratically in the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia Year 1945 " .

Ryan explains Article 56 paragraph ( 1 ) and Article 1 of the Regional Election Law number 4 is contrary to Article 18 paragraph ( 4 ) of the 1945 Constitution because it is not confirmed the existence of the phrase " directly elected " in a local election mechanism , but only limitedly defined by phrase " democratically elected " , while the meaning of " democratically elected " contained in Article 18 paragraph ( 4 ) of the 1945 Constitution are selected through consultation mechanism / representative is not elected directly as the election of President / Vice- President of the Section 6A paragraph ( 1 ) Constitution , 1945. " Both the article and heed not meet the rules and principles of law that apply in a legal norm , " he said at a hearing that was held on Thursday ( 17/4 ) at the Plenary Court .

In addition, continued Ryan , the norm is also contrary to Article 22E Paragraph ( 2 ) of the 1945 election because of the direct , general , free , confidential , honest and fair election for members of the legislature , while the Regional Head Election not included. Article 1 paragraph 4 Election Act is inconsistent with Article 22E Paragraph ( 1 ) of the 1945 Constitution as referred to in Article 22E Paragraph ( 1 ) of the 1945 General Election which is conducted every five years simultaneously ( nationally ) . " As set forth in Article 1 paragraph 4 of Law No. 15 of 2011 was the local elections were not conducted simultaneously so that it hinders the realization of democratic elections based on local knowledge in accordance with the spirit of regional autonomy , " he explained .

Therefore , in petitum , Petitioner asks the Court to declare Article 56 paragraph ( 1 ) and Article 1 of the Regional Election Law number 4 , contrary to Article 1 paragraph ( 3 ) , Article 18 paragraph ( 4 ) , Article 22E Paragraph ( 1 ) and paragraph ( 2 ) of the 1945 Constitution .

Judge advice

In response to the petition, the judges of the Constitutional Court also comprises Ahmad Fadlil Sumadi and Aswanto to suggest improvements . The judge requested that the applicant strengthen the arguments related to the applicant\'s legal domicile ( legal standing ) either as private legal entities and individuals . " The applicant aggrieved what is constitutionally with this article in the perspective of both brothers as a legal entity or an individual ? Mentioned under Article 51 of the Constitutional Court Act . Regarding the arguments , the applicant described back losses by not holding election petition directly as well as the presidential election , "he advised .

While Arief , the Applicant requested that the Constitutional Court Decision No. looked back . 072-073/PUU-II/2004 never decide on the same article . " The applicant would be better if the case ever look back at the Court decided this issue and propose a different reason , " he said . ( Lulu Anjarsari / mh )