Lieu of Law 1/2014 about Governor, Regent, and Mayor election (Perppu Pilkada), being questioned by Habib Muhsin Ahmad Al-Attas, Head of Islam Defender Front (FPI) Committee Council.   

In the preliminary hearing chaired by Deputy Chief Justice Arief Hidayat, Wednesday (12/17), Applicant through his attorney Fazri Apriliansyah said that Article 203 paragraph (1) Perppu Pilkada which read “In the event of a vacancy governors, regents and mayors that were appointed by the Law 32/2004 on Regional Government, deputy governor, vice-regent and deputy mayor replace governors, regents and mayors until the end of his tenure "contrary to the 1945 Constitution because it is opposing to the provisions of other articles of the regulation same, namely Article 173.

The Applicant says the Article also opposing Article 35 paragraph (1) Act 32/2004 which read “If the regional executives dismissed by a court decision that has gained legal force remains as referred to in Article 30 paragraph (2), Article 31 paragraph (2), and Article 32 paragraph (7) is replaced by the regional head office of the deputy head of the region until the end of his tenure and should the implementation process be conducted by the Plenary Session of parliament\'s decision and President’s approval".

Therefore in the petition, the Applicant also viewed that the inauguration of Basuki Tjahja Purnama or Ahok as Governor replacing Joko Widodo’s post is failure. The replacement should not have been conducted, because Joko Widodo dismissed the post to become President, not caused by any criminal traces. By the argumentation, the Applicant sees that replacement process must be conducted under reelection.

To the petition, Justice Maria Farida Indrati advised the Applicant to revise his petition. Maria questioned whether it is norm or implementation matter. According to Maria, if the Applicant arguing the implementation it is beyond MK’s competency, its contention to another Act also being stressed. “MK has no competence in contenting Perppu to Act,’ said the UI Professor.

Meanwhile, Justice Aswanto said that the Applicant must flaunt his constitutional loss by the ruling of the Article 203 paragraph (1). Justice Arief Hidayat also said that the petition inclines to constitutional complaint to which isn’t part of MK competency.

To the advices, the Applicant may revise their petition within 14 days. Arief Hidayat also said that MK is undergoing similar cases, for which upcoming trial will be conjoined and hold on January 8, 2015 (Ilham/kun)