Constitutional Court (MK) held lieu of law (Perppu) 1/2014 review trial. The issuance of Lieu of Law, in which regional executives elections is reconstructed, is condemned by some who feel it stands up against the Constitution. Session underwent on Tuesday (12/16), was scheduled for Ministry of Law and Human Rights Dir. Gen. Law and Regulations Wicipto Septioadi’s testimonial hearing.        

Wicipto said that the government will always uphold direct election including regional executive election (pilkada). Former President Susilo Bambang Yudhoyono, who issued this Perppu responded to the people’s demand who considered the election to be like it was once.

In formal matter, government sees nothing wrong in procedures. Perppu is utterly President’s right and does not oppose the Constitution. However, the issuance is restricted to tight term and conditions.

“Removed UU Pilkada which annuls direct election for pilkada was strongly condemned by the People, the government later saw the urgency of issuing lieu of law in order to uphold people’s constitutional rights who want the election just the way it was through direct election,” Wicipto said.   

Wicipto hinted, Perppu 1/2014 upholds democracy as mandated in Article 18 paragraph 4 1945 Constituion, hence direct election is, at any sense, mandatory.

 “The government hopes, MK may glorify the ruling or which in order to maintain democracy and legal certainty,” Wicipto retained.

“By the issuance of Perppu Pilkada, regional executives are elected directly. DPRD short-layover-competence to conduct pilkada within the body must be annulled as determined in the law,” he added.  

He also stressed that lieu of law existence is important in RI’s legal norm system. “It’s a legal consequence of distribution of power system, for RI it is something that has to be maintained all along the history of our constitution,” Wicipto described.   

Constitutional Court will take the hearing underway in January 2015 proceeding testimonial hearing from Applicant’s expert. (Nano Tresna Arfana/kun)