Principal Applicant Zuharman accompanied by his Attorney Ahmad Irawan presented at petition revision session on Act of Regional Governments (Undang-Undang Pemerintahan Daerah –UU Pemda), on Monday (9/02) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

Principal Applicant Zuharman sharpened petition posita and petitum for judicial review on Article 158 (1) letter c Act Number 23 Year 2014 of Regional Governments (Undang-Undang Pemerintahan Daerah –UU Pemda) which regulated the councilor plotting for proliferated-district (daerah pemekaran).

In petition posita, the Applicant asserted the determination of new divisor voters (bilangan pembagi pemilih –BPP) in proliferated-area would cause constitutional loss in form of legislative seats lost. It contrary to Article 27 (1), Article 28D (1) and (3) the 1945 Constitution. “Legal uncertainty appears due to old divisor voters had been stipulated and implemented based on each respective electoral district. It seems like re-election held if new divisor voters were stipulated,” said Ahmad Iriawan as Applicant of Case number 7/PUU-XIII/2015 on Munday (9/2) at Plenary Room, the Constitutional Court Building.

Moreover, the Applicant also revised the petitum, which requested to Justice Panel to declare Article 158 (1) Act Number 23 Year 2014 Act of Regional Governments contrary to the 1945 Constitution and had no legal binding if interpreted ‘shall also apply to districts or parent cities which the number of seats remains the same after proliferation (pemekaran). “We also request to the Constitutional Court to declare this verdict is still applied even though there is already councilor plotting for parent districts and proliferated-districts/cities.

Moreover, other revision conducted by Applicant was the consistency using letters and numbers in his petition. The Applicant also said the United Development Party (Partai Persatuan Pembangunan –PPP) was cancelled to be Applicant because they hampered to obtain party’s authorization letter. “However, it doesn’t reduce the substance because Court Verdict was erga omnes (binding and must be obeyed by all citizens) and same legal interest.”

Previously, provision on proliferated-area councilors plotting which stipulated in Article 158 (1) letter c Act of Regional Governments was assessed detrimental to the Applicant who consisted of political party and a Muara Enim Regency councilor candidate.

The Applicant said Article 158 (1) letter c Act of Regional Governments would change the composition of political parties which obtain legislative seats in Muara Enim Regency, if the arrangement of parent regency and proliferated-district councilors plotting in proliferated-district conducted. The new divisor voters would cause legal uncertainty on whether or not it was stipulated, while prevailing divisor voters had conducted based on each respective electoral district.

The Applicant added, according to Act Number 8 Year 2012, the arrangement of electoral district for proliferated-districts were conducted 12 months prior to the election. Meanwhile, Pali Regency as proliferated-district from Muara Enim Regency was established 15 months prior to the election. “In accordance with Article 158 (3) Act of Regional Governments, councilors plotting isn’t conducted for regencies/cities established 12 months prior to the general election, therefore parent regency –in this case Muara Enim Regency– and proliferated-district Penukal Abab Lematang Ilir Regency should be had arranged its electoral district,” Ahmad Iriawan explained at the session held on Monday (26/1) at Plenary Room, the Constitutional Court Building. (Lulu Hanifah/Prasetyo Adi N)