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M. Fadjroel Rachman as Applicant accompanied by his attorney was shaking hands after the petition revision session on Act of Regional Elections, on Monday (8/6) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

Petition revision session on Act Number 8 Year 2015 of Act Amendment No 1 Year 2015 of the Government Regulation in Lieu of Law Stipulation No. 1 Year 2014 of Governor, Regent, and Mayor Election Enacted to Act (Undang-Undang Nomor 8 Tahun 2015 tentang Perubahan Undang-Undang Nomor 1 Tahun 2015 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2014 tentang Pemilihan Gubernur, Bupati, dan Walikota Menjadi Undang-Undang –UU Pilkada) –later known as Act of Regional Elections– was held by the Constitutional Court (Mahkamah Konstitusi –MK) at Monday afternoon (8/6). The session was merged between two cases; Case Number 58 PUU-XIII/2015 and Case Number 60 PUU-XIII/2015.

Principal Applicanf of Case Number 58 Mohammad Ibnu from the Mata Hati Legal Aid Foundation (Lembaga Bantuan Hukum Mata Hati) delivered several petition revisions towards the Justice Panel led by Constitutional Justice Patrialis Akbar.

“First, we specify and affirm the legal standing and on the Applicant’s constitutional loss. We think that the people as mandate giver, while regional head candidates as mandate recipient. If the mandate recipient cannot file judicial review to the Constitutional Court, it automatically detrimental to us as voters,” explained Mohammad Ibnu.

The Applicant also removed the formal test and unwilling to remove Act Number 8 Year 2015 removed entirely. “The part we want to remove is only on Article 158 (1) and (2) Act of Regional Elections. Because there is a change in formal review, it automatically implicates to petitum change. So, we delete the petitum on formal review,” said Mohammad Ibnu.

Meanwhile, Applicant of Case Number 60 represented by one of his attorneys Unoto explained several petition revisions. For example, revising the Applicant’s legal standing which previously noted on M. Fadjroel Rachman as the Applicant to be in the name of the National Movement of Independent Candidates (Gerakan Nasional Calon Independen).

In addition, the Applicant revised the petition concerning on the history of independent candidates and revision on equality between individual candidates and political parties candidates, especially on the percentage requirement.

As known, the Applicant of Case Number 58 Mohammad Ibnu argued that formally, the Act of Regional Elections was contrary to Article 5 letter e and Article 6 (1) letter g Act of Legislation Establishment (Undang-Undang Pembentukan Peraturan Perundang-undangan) which indeed a form of degradation of legal rights fulfillment and removal of citizen’s constitutional rights because it wasn’t truly needed and useful, and also cannot provide proportional justice.

It can be seen from the provision on Act a quo which regulated the filling of disputes over regional elections to the Constitutional Court (Mahkamah Konstitusi –MK) was limited on the margin of vote which no more than 2%, 1.5%, and 0.5%, either for governor elections or regent/mayor elections in accordance with the total population in the electoral area.

According to the Applicant, if there was certain candidate elected by the people who supposed to win the election, they could be unelected due to the fraud committed by other candidates by wide margin vote. Therefore, the regional election was a means of people for involving in the government establishment became unrealized and could caused violation towards people’s rights and will in determining trusted regional head.

In addition, according to the Applicant, Article 158 (1) and (2) Act of Regional Elections was contrary to Article 1 (3) the 1945 Constitution because it contrary to the principle of legal supremacy, the principle of equality before the law, and principle of law enforcement in a manner that didn’t conflict with the law.

Applicant of Case Number 60 M. Fadjroel Rachman at preliminary session argued that judicial review filed was for participating via independent candidate in South Kalimantan regional elections. The Applicant argued the requirements should be met by independent candidates as stated in Article 41 Act Number 8 Year 2015 was discriminative, which occurred in the determination of the percentage amount and divisor amount.

Percentage amount of voters should be granted by independent candidates was raised to 3.5% from the provision stated in previous regulation, Act Number 18 Year 2008 of Second Act Amendment Number 32 Year 2004 of Government Regulation (Undang-Undang No. 18 Tahun 2008 tentang Perubahan Kedua Undang-Undang No. 32 Tahun 2004 tentang Pemerintahan Daerah). (Nano Tresna Arfana/Prasetyo Adi N)

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