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Constitutional Court (MK) held a trial of seven test cases government regulation in lieu of law (Perpuu) 1/2014 concerning the election of Governor, the Regent, and Mayor, Article 40 paragraph (1), Article 40 paragraph (3), Article 157 paragraph (1) , Article 168 paragraph (1) letter a, c, d, and Article 168 paragraph (2) c.

In a session led by Deputy Chief Justice Arief Hidayat, one of the Applicant, Heriyanto, said the reason of the filed lawsuit, is philosophically, the president has failed to issue a decree as president is the chairman of the Democratic Party that when it became the ruling party in parliament. "There should be a legal policy to initiate the Direct Regional Election Act," he said in the courtroom of the Constitutional Court, Jakarta, Wednesday (11/12).

Furthermore, the applicant said that Perpuu 1/2014, restarts the right of individual candidates. This is related to the legal policy owned by the president and parliament was condemned switching on-off the decision of the Court arbitrarily. The Court through Decision No. 5 / PUU-V / 2007 has turned independent candidates. "So, independent candidates in local elections do not live on the legal policy, but from the decision of the Court," he explained.

In Accordance with it, the President signed the Law 22/2014 which automatically shut off the right of independent candidates, but then it revived by the regulation. "When the president signed the Law 22/2014, the president has become the angel of death of constitutional rights which were born from the decision of the Court, whereas when the perpu was published, as if the president is a Santa Claus giving a gift on chaos in society given the election by parliament, "he said.

Local elections in Regional Parliament Spot-on

Second, the establishment of formal regulation assessed disability because it does not meet the three reasons for the president to issue Perpuu. First, the urgent need, second, legislation is needed yet, and third, the legal vacuum cannot be overcome by making laws.

While the applicant\'s case Number 118 / PUU-XII / 2014, Victor Santoso Tandiasa as a representative of the Forum of Justice and Constitutional Studies said petition refers to Decision No. 97 / PUU-XI / 2013 regarding the authority of the Court in dealing with the election dispute. "There, the Constitutional Court expressly said that the election was not the regime Election, therefore, the Court is not competent to deal with disputes elections," he said.

Accordingly, Applicant assessed Act 22/2014 which mandates that the elections held through the mechanism of representation in parliament was appropriate because it has to distinguish between the election regime to the local election regime. However, a Perpuu was issued stating the organization of elections in the regulation uses General Election Commission. In fact, the applicant assesses the Commission is governed by the constitution as an independent institution that organizes elections every five years, the elections to elect members of the House of Representatives, the President, and the Vice President, and parliament.

 

"It means a limited manner, the Constitution already provides that the Commission only to hold elections were held once every five years by just to elect the House of Representatives, the President, and the Vice President, not the head of the region," he said.

Refers to the hierarchy of norms under the rules of the constitution, when parliament passed law 22/2014 on elections, in Article 70 states that when the law went into effect, all the settings on the local elections set forth in the Electoral Law 15/2011 has otherwise revoked.

Although the law was repealed by Perpuu, Applicant judge rules that have been revoked cannot be revived despite the repeal rule was repealed by another rule. "Well, we assume that when setting the elections had been removed in the election law, then there is increasingly clear that the election is not the regime Election. This means that the Commission is not authorized to hold elections, "he explained.

Therefore, the applicant considers the application of Perpuu imposed, and potentially polemical in the community to question the legitimacy of the organization of the elections by the Commission as a constitutional norm. "Well, that later became our concern ahead of the forum and the legal review of the constitution," he said. (Lulu Hanifa /mh/kun)

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