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Applicant’s Attorney Andi Irman Putra Sidin delivered petition arguments at judicial review session on Act of Regional Elections, on Wednesday (1/7) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

A Regent Candidate of Pinrang Regency, South Sulawesi Province Irwan Hamid sued the provision which regulated the definition of conflict of interest in Article 7 letter r Act Number 8 Year 2015 of Act Amendment Number 1 Year 2015 of Stipulation on Government Regulation in lieu of Law Number 1 Year 2014 of Governor, Regent, and Mayor Election Enacted to Act (Undang-Undang Nomor 8 Tahun 2015 tentang Perubahan Atas 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). The first session of case Number 79/PUU-XIII/2015 was held on Wednesday (1/7) at Plenary Room, the Constitutional Court Building.

The Applicant felt his constitutional rights violated by the enactment of Article 7 letter r Act of Regional Elections and its Elucidation because the Article a quo had limited, deviated, annulled, and removed Applicant’s right to be elected in Pinrang Regency regent election for twice. It was delivered by Andi Irmanputra Sidin as Applicant’s Attorney.

In front of Justice Panel led by Constitutional Justice I Dewa Gede Palguna, Irman delivered the Applicant objected by one of the definitions of conflict of interest which stated brother-in-law as one of the blood ties which potentially caused conflict of interest. The Applicant felt the provision had violated Applicant’s constitutional rights because the Applicant couldn’t control his brother and sister to marry with certain people. It became detrimental for him if his brother/sister-in-law became regional head, because the Applicant suddenly responsible politically as a result of marriage conducted by his brother/sister.

“When his brother/sister married, he (the Applicant, red) as citizen never grants civil rights such as inheritance right as a result of brother/sister-in-law relation. Then suddenly the State applies verdict that his political rights removed because he become brother-in-law of somebody,” explained Irman.

According to Irman, conflict of interest as a result of marriage such occurred between husband-wife relationships was indeed understandable, because there was an inner bound between them. Irman added, brother/sister-in law which defined could cause conflict of interest in the Article a quo was in fact didn’t had any civil rights as experienced by children, husband, and wife relationship.

The Applicant assessed the inclusion of brother/sister-in-law into the definition of relation which possibly caused conflict of interest, was because political phenomenon of regional elections in several regions. Although brother/sister-in-law relations in several regions could potentially cause conflict of interest between the incumbent with the candidate, the Applicant denied similar things could occurred on him. “It is very different with Applicant experience which in fact became the rival of his brother-in-law in two regional elections; 2013 and 2008 Pinrang regional elections,” Irman revealed.

Therefore, the Applicant requested the Court to declare Article 7 letter r Act of Regional Elections and its Elucidation contrary to the 1945 Constitution.

Justice Input

After hearing Applicant explanation, Constitutional Justice Suhartoyo as Justice Panel Member advised the Applicant to clarify his legal standing. It was because in the evidence filed by the Applicant, Suhartoyo didn’t notice the relation of Applicant with the incumbent.

“Is there any brother/sister-in-law which recently incumbent or you participate together with your brother/sister-in-law? We didn’t get the new evidence yet. Please explain that your client is clearly suffered constitutional loss,” advised Suhartoyo to Irman.

Meanwhile Palguna revealed that there were more than two petitions which similar with Applicant’s petition. The session of cases which sue the definition of conflict of interest on Act of Regional Elections had already ended its court proceedings.

“Therefore, such kind of petition had already existed and its court proceedings had ended if you want your petition withdrawn. However, if this petition isn’t withdrawn, according to the Act, the Applicant is given 14 days to conduct petition revision. Because of the Eid holiday, the next 14 days will be off. Therefore, we advise the revision is just slightly, suppose you want to continue the proceedings. Can you submit the revision on Friday before 14.00 WIB? Because the petition is quite brief, so we can continue to revision session on Monday, July 6,” said Palguna which then agreed by the Applicant to file petition revision on July 3, 2015. (Yusti Nurul Agustin/Prasetyo Adi N)

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