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Provision Article 203 paragraph (1) lieu of law 1/2014 about regional executive election is deemed trespassing Applicant’s Constitutional Rights whose governor candidacy is considered likely.  

The Applicant is Papua DPR member Yanni, Article 203 paragraph (1) says “In power void of regional executives who are inaugurated on Act 32/2004 about regional executives, vice governor, regent, and mayor will serve as acting governor, regent, and mayor until its period ended.”   

Such auto mechanism potentially spurs distrust if the local government was inaugurated without democratic election as determined in Article 18 paragraph (4) Constitution 1945.

“According to the Applicant local executives can only be taking charge through regional elections,” said Attorney, Syahrul Arubusman in preliminary trial at MK Hearing Room, Jakarta, Monday (11/17).

The ruling, considered eschewing just and proper principle as it allegedly defies people’s political rights. The provision also demolishes Applicant’s Constitutional Rights whose candidacy to take charge of the rank is considered very likely.  

Therefore, the Applicant asked Constitutional Rights to instruct local government and regional representatives to suspend governor/mayor/regent post until the sentence is dropped by the Court. 

“In the petition, granting Applicant’s request at entire, declaring Article 203 paragraph (1) lieu of law 1/2014 opposing 1945 Constitution and not binding,” he said.

Justices’ Advices

In response to the petition, Panel led by Constitutional Justice Maria Farida said that the Applicant shall accentuate their petition. The Applicant was asked to elaborate of what mechanism would be used, should the Governor/regent/mayor leave their posts, whether it passes through pilkada or DPRD.

Related to petitum, Justice Maria said that MK is not acquainted in making provision, unless in highly requirement. She also said that MK cannot command the President. “Provision must be included in points, granting demand entirely,” she said.(Lulu Hanifah/kun)

 

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