The Applicants Ramdansyah and Heriyanto (Left-Right) when present the main points of the petition in the initial hearing of judicial review on Act of Determination on the Government Regulation in Lieu of Law on Regional Elections (UU Penetapan Perpu Pilkada) on Wednesday March 4, at Plenary Room, the Constitutional Court Building (Gedung Mahkamah Konstitusi). Photo PR/ Ganie

Three Indonesian citizens, Yanda Zaihifni Ishak, Heriyanto, and Ramdansyah are filed formal and material review to Act No. 1 Year 2015. The initial hearing registered on Case No. 26/PUU-XIII/2015 was held on Wednesday March 4, at Plenary Room, the Constitutional Court Building (Gedung Mahkamah Konstitusi). Heriyanto and Ramdansyah stated their main points of the petition in front of judge panel led by Constitutional Judge Patrialis Akbar.

Heriyanto accompanies with Ramdansyah, states that the enactment on Act of Determination on the Government Regulation in Lieu of Law No. 1 Year 2014 of Governor, Regent and Mayor Election Enacted to Act (Penetapan Peraturan Pemerintah Pengganti UU Nomor 1 Tahun 2014 tentang Pemilihan Gubernur, Bupati, dan Walikota Menjadi Undang-Undang) is considered formally flawed. It is because the Act a quo is enacted with no eligible compelling urgency that required by Article No. 22 the 1945 Constitution (Undang-Undang Dasar 1945 –UUD 1945). The Applicants are certain that the House of Representatives (Dewan Perwakilan Rakyat –DPR) as the Act a quo formulator is actually know the compelling urgency term, which can be used to enact the Government Regulation in Lieu of Law (Peraturan Pemerintah Pengganti Undang-Undang –Perpu), is not met by the context.

Meanwhile, the Applicants represented by Heriyanto also justify that the enactment of Act a quo is materially flawed. It is because the enactment leads to less-democratic regional elections (Pemilihan Umum Kepala Daerah –Pemilukada). The Applicants are certain that in Act a quo –enacted on February 2, 2015 by the Minister of Justice and Human Rights (Menteri Hukum dan HAM) Yasonna H Laoly– does not contains any norms on matter of money politics sanctions. “The candidates might be able to give the money freely with no fear of sanctions, they able to trade out between parties, and abuse their position,” said Heriyanto who ensure their side has elaboration on each articles of the Act of Determination on the Government Regulation in Lieu of Law of Regional Elections Enacted to Act (UU Penetapan Perpu Pilkada Menjadi UU).    

Although the Act a quo later revised by the Government and the DPR, but the Applicants argued both had failed in conducting revision. Not just failed, the Applicants also said the revision made by the lawmakers was even more detrimental due to the inclusion of a provision stated that the Election Monitoring Commisions (Panitia Pengawas –Panwas) at the district / city level are regarded as the Elections Supervisory Committee (Badan Pengawas Pemilu –Bawaslu) at district / city. According to the Applicants, both supervisors cannot be equated because they have different nomenclature. Bawaslu is permanent, while Panwas is ad hoc. Therefore, in his petitum, the Applicants pled to the Court to declare the Act a quo is unconstitutional and does not have legal binding.

In response to the petition, Constitutional Judge Patrialis Akbar who lead the court gives advice to the Applicants to justify their legal standing. Although in the petition they have stated their legal standing as citizens, taxpayers, and as teachers, however those still are not enough. It is because, according Patrialis, the Applicants must be able to convince comprehensively the constitutional loss suffered by them related to their legal standing.

Similar advice also said by other Constitutional Judge I Dewa Gede Palguna, the member of judge panel. Palguna stated if the Applicants use the legal standing as Indonesian citizen, the Applicants should describe in detail what rights they are owned as Indonesian citizen that violated due to the enactment of the Government Regulation in Lieu of Law (Perpu) on regional elections. (Yusti Nurul Agustin/Prasetyo Adi N)