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Principal Applicant Heriyanto and Ramdansyah were delivering their revision points at judicial review session on Act of Regional Elections (UU Pilkada) on Tuesday March 17, at Plenary Room the Constitutional Court Building. Photo PR/ Ganie

 

The Applicant who filed formal and material issues towards Act No.1 Year 2015 of Determination on the Government Regulation in Lieu of Law No. 1 Year 2014 of Governor, Regent and Mayor Election Enacted to Act (Act of Regional Election) was revised their petition. The Applicant, which are Yanda Zaihifni Ishak, Heriyanto, and Ramdansyah stated revision points of their petition –registered on No.26/PUU-XIII/2015– at the session held on Tuesday March 17 at Plenary Room, the Constitutional Court Building (Gedung Mahkamah Konstitusi –MK).

In front of judge panel led by Patrialis Akbar, Heriyanto and Ramdansyah attended the session to deliver their revision points. Heriyanto stated one of the revisions they did was the clearer argumentation of the Applicant’s legal standing. Previously, the Applicant used their legal standing as citizens, tax payers, and teachers. After revised, the Applicant used the legal standing as Indonesian citizens who had electing and being elected rights according to the 1945 Constitution (Undang-Undang Dasar 1945 –UUD 1945).

“The Applicant is willing to candidate themselves as governor, deputy governor, and mayor candidates, either via political parties or via independent in regional elections,” said Heriyanto who stated that Applicant 1 Yanda Zaihifni Ishak as the Chairman of Functional Group Party (Ketua Mahkamah Partai Golkar) who willing to be Jambi deputy governor.

On the same occasion, Heriyanto justified that his side principally agree direct and democratic regional elections. However, the Applicant saw Act a quo and the revision of it was indeed not charged sanctions for violations of money politics and political transactions in the regional elections (Pemilihan langsung kepala dareah –Pemilukada) implementation.

With the exclusion on violations above, the Applicant was anxious that he cannot be elected. It because, the Applicant believes the absence of sanction for violations above cause the elected governors is potentially the candidates who have great material and authority power. “It can be interpreted that Act No.1 Year 2015 is only encourages and legitimates the election of candidates who have high capital and/or authority,” Heriyanto justified.

Although the Article 73 Act a quo is justified the prohibition on money politics, but the imposition of sanctions for violations in form of money politics cannot be conducted. Therefore, the disqualification of the candidate pairs according to the same article should be preceded by court verdict which had legal binding. Whereas according to the Applicant, the court verdict that has legal binding is still cannot be charged if there is no substantive criminal sanctions.

"How the court will made the verdict that has permanent legal binding, whereas the substantive criminal sanctions of money politics is not regulated on it, and there is also no substantive criminal sanctions of political transactions. It means administrative sanctions cannot be enforced, as well as criminal sanctions. Article 73 is tantamount to legitimize the occurrence of money politics violations," said Heriyanto worried.

In addition with filed judicial review, the Applicant was also remained justified that they still filed formal review on Act a quo. The Applicant considered Act No.1 Year 2015 and the revision of it had formal flaws from the establishment because the House of Representatives (Dewan Perwakilan Rakyat –DPR) and the Government as the Act-makers had violated the good principle of legislation establishment, particularly clarity purpose of usefulness implementation and clarity result formulation principles.

Before closing the session, Patrialis validated five written evidences filed by the Applicant. “It already confirmed. Entire of P-1 to P-5 evidences is already validated,” said Patrialis accompanied by I Dewa Gede Palguna and Suhartoyo as judge panel member. (Yusti Nurul Agustin/Prasetyo Adi N)

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