Aceh National Mandate Party, Anas Bidin Nyak Syeh argued that allocated DPRA and DPRK regulations as determined in Article 80 verse (1) letter d and letter e Act 11/2006 about Aceh Government has spurred legal uncertainty and opposing the Constitution.

Basrun Yusuf, the Attorney said that in the implementation of Aceh legislative election, KPU as the committee generalized the ruling upon Elections Independent Commission (KIP). According to him, Aceh should gain specific ruling instead of using national rule like KIP have done to the special province.  “KIP applied UU Aceh for both national parties and local parties,” he said at MK hearing room, Wednesday (10/15).  

Therefore, the Palintiff asked MK to declare Article 80 verse (1) letter d and letter e UU Aceh, especially the phrase “local parties may register candidates for DPRA and DPRK” and its implementation by KIP opposing regulation for DPR and DPRD membership as determined in Article 54 Act 8/2012 about DPR and DPRD election.

Article 80 verse (1) letter d and e UU Aceh says:

Local parties may: (d) involve in the election of DPRA and DPRK membership; (e) register candidate of DPRA and DPRK membership.

Justices’ advices

In response to the request, Panel of Justices suggested the Plaintiff to elaborate their constitutional loss. The petitum, in which pleaded Article and Article 54 Act 8/2012 are clashing is subject of revision, as MK does not own the competence to review Act over Act. Instead, its owned by Supreme Court.  

Furthermore, the regulation of candidate list that contains 120% top from total chairs has been determined in Qanun 3/2008 about Local Parties, therefore the Panel asked for perpetual suggestion.(Lulu Hanifah/mh/kun)