Six-year tenure of subdistrict head as determined in Act 9/2014 about subdistrict (UU Desa) is said to violate constitutional rights. The situation revealed by Sidoarjo Subdistrict head Association who filed a petition over the Act in trial held on Monday (12/15) at MK Plenary Room.

In its point, the Plaintiff represented by Moch. Supriyadi and Koirun Nasirin condemned the rulig of two Articles in UU Desa, namely Article 39 paragraph (1) and paragraph (2). The former read, “Subdistrict heads hold six-year tenure started from inauguration day,” while the later says “Subdistrict head as adjudicated in paragraph (1) may serve for three terms consecutively or intermittently”.

According to Plaintiff, the ruling of Article 39 paragraph (1) and paragraph (2) of which have smeared local customary rights. The period term is objected as it considered hurting special necessity that particular subdistricts is fostering. “The term seemed hindering subdistrict heads vision and mission. Three periods of serving is not enough to firm leadership cadre in subdistrict level,” he said.  

The Plaintiff said, six-year tenure gives nothing but vulnerable condition, it is said that some losing sides might do anything in order to hamper elected subdistrict head. Simultaneous election and civil servant requirement will only hurt legal certainty and people’s rights. “Therefore, in the petitum, Plaintiff asked MK to declare Article 39 paragraph (1) and (2) not binding. Legislative review conducted by government and DPR over Article 39 paragraph (1) and (2) is needed,” he explained   

In response to the Article, Panel of Justices gave advices. Justice Muhammad Alim asked Plaintiffs to adjust their petition format as constituted by MK. “You may ask the format to the Clerk to adjust you revision, perhaps this is the first time you file a petition,” Alim said.  

Meanwhile, Justice Wahiddudin Adams questioned their requests of six-year tenure, but also condemn three term periods. “You condemn six-year tenure, as well as three term periods? It must be explained further,” he asked.  (Lulu Anjarsari/kun)