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Plaintiff’s attorney Dedi Cahyadi flaunts their Posita in judicial review on Article 203 paragraph (1) lieu of law Regional executive election (Perpuu Pilkada).

According to him, the lieu of law must be intended to shun any violation over regulation replacement. Vis-a-vis to necessary intention, Lieu of law 1/2014 condemned failing in protecting Plaintiff’s constitutional rights.

Moreover, Lieu of law 1/2014 must be implemented to enhance people’s sovereignty, its mechanism, DPRD memberships must be resulted by representing people’s rights and power.   

“Therefore, according to the Plaintiff Article 203 paragraph (1) of which failed to accommodate people’s sovereignty to elect their own regional executive. By any means, regional executives must be elected based on their expertise,” he said at MK Plenary room, Jakarta, Monday (12/1).

The Plaintiff condemned current mechanism in which vice regional executives are constituted to automatically replace outgoing Governor, regent, or mayor. “It degrades people’s sovereignty. Every single, Governor, regent, and mayor must be democratically elected through general election,” he added.   

According to the Plaintiff, election mechanism may be imposed through direct election or DPRD.

In the preliminary trial, 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. (Lulu Hanifah/kun)

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