Applicant Attorney of Case Number 95, 96 and 100/PUU-XIII/2015 respectively delivers petition revision, on Tuesday (1/9), at Plenary Room, the Constitutional Court Building. Photo PR/Ganie
The Constitutional Court (Mahkamah Konstitusi –MK) holds revision session on Act Number 8 Year 2015 of Amendment on Act Number 1 Year 2015 of Government Regulation in-lieu-of-law Stipulation Number 1 Year 2014 of Governor, Regent, and Mayor Election Enacted to Law (Undang-Undang Nomor 8 Tahun 2015 tentang Perubahan Atas UU No. 1 Tahun 2015 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang No. 1 Tahun 2014 tentang Pemilihan Gubernur, Bupati, dan Walikota Menjadi Undang-Undang –UU Pilkada) –later known as Act of Regional Elections, on Tuesday (1/9), at Plenary Room, the Constitutional Court Building. The Court merges three cases at the session, which are Case Number 95, 96, and 100/PUU-XIII/2015. All of those cases sue minimum candidate requirement in regional elections.
Mohammad Sholeh as Applicant Attorney of Case Number 95 says the Applicant has strengthened petition points. He says the implementation of Article 54 (4) Act of Regional Elections is difficult to be applied in regional election. “I wonder if any candidate pair who permanently unable. If candidate registration reopens in November, it would disturb the overall regional election. Socialization should be re-conduct, political parties re-conduct political deals, of course it will disturb campaign period until voting day in December 9, 2015,” explained him at Tuesday session (1/9).
Moreover, the Applicant wants regulation assertiveness through Constitutional Court Verdict, regarding Article 54 (6) Act of Regional Elections which stated election postponed without any injunction to open new registration. Applicant assesses such provision is very difficult for Election Organizer (Penyelenggara Pemilu). “Thus, we want Justice’s wisdom in Constitutional Court Verdict towards Article 54, we depend on the Court whether new registration conducted or the Article removed,” added him.
The Applicant as Surabaya resident considers harmed if Surabaya regional election postponed due to single candidate. The Applicant considers he is entitled to vote in unison regional election in December 9, 2015, likewise voters in other regions.
At last, the Applicant emphasizes single candidate shall not postpone regional election. The Applicant believes the right to run candidacy will be lost if individual candidates or political party candidate refused to register. “We want empty box caused by single candidate still present to measure voter participation and voter disagreement on single candidate, however whatever the result of voter participation and disagreement, it won’t affect on regional election result,” said Sholeh.
Meanwhile in the Case Number 96, Surabaya Deputy Governor Candidate Whisnu Sakti Buana as Applicant elaborates his loss which caused by the enactment of Article 51 (2) and Article 52 (2) Act of Regional Elections. He assesses the provision which requires two regional election candidates will hamper and potentially limit his political rights, in this case is his right to be regional election candidate.
The Applicant assesses regional election candidate regulation which require 2 candidate pairs is not followed with anticipation when there is less than 2 candidate pairs. The Applicant assesses such regulation is unfair for candidate pair who already registered. “As recently happen, election delay in several regions cause different campaign period. If there is a candidate pair eligible in Surabaya Regional Election, campaign period has already reduced for Mr. Wisnu and Mrs. Risma as candidate pair. According to the Applicant, the condition aforementioned is unfair,” said Applicant’s Attorney Edward Dewaruci.
The Applicant argues the General Election Commission as regional election organizer shall not postpone regional election, in order to prevent Applicant’s constitutional loss. “However, we hands the problem fully to the Court with prudent and fair thought, in order the leadership cycle of regional head occurs sustainable for a five-year term. Political party who doesn’t submit candidate should be responsible for their stance,” said him.
Meanwhile, the Applicant of Case Number 100 Effendi Ghazali says he has strengthened his petition by attaching some researches. Moreover, he also cites Surabaya residents’ concern if regional election postponed due to minimum candidate requirement. “He (Surabaya resident) worries that acting regional head might have different vision with previous regional head. He worries the programs already began by previous regional head will be stopped,” said Effendi.
The Applicant also elaborates such condition with unsustainable development which might be occurred. The Applicant assesses regional election delay detrimental to entire Indonesian citizens. “Although I am not the resident of regions where conducted regional election recently, I assess there will be unsustainable development as a result of citizen political rights which failure to achieve. It also adds with potential loss which might be occurred if it happens to Jakarta Regional Election,” said him. (Lulu Hanifah/IR/Prasetyo Adi N)
Tuesday, September 01, 2015 | 16:18 WIB 98