---

Applicant’s Attorney Heru Widodo delivers petition points at judicial review session on Act of Regional Elections, on Thursday (12/11) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

The Constitutional Court again holds judicial review on Act Number 8 Year 2015 of Amendment on Act Number 1 Year 2015 of Stipulation on Government Regulation in Lieu of Law Number 1 Year 2013 of Governor, Regent, and Mayor Elections Enacted to Act –later known as Act of Regional Elections (UU Pilkada). Muhammad Asrun, Heru Widodo, et al, review general provision in Article 1 number 28 Act of Regional Elections which regulates on the definition of days in regional elections.

The Court holds preliminary session of Case Number 134/PUU-XIII/2015 on Thursday (12/11) at Plenary Room, the Constitutional Court Building. In the petition, the Applicants argue their constitutional rights violated by Article 1 number 28 Act of Regional Elections stated “In this Act, which referred to: …. 28. Days are calendar days” (“Dalam Undang-Undang ini yang dimaksud dengan: ... 28. Hari adalah hari kalender”).

The Applicants argue that ‘calendar days’ as regulated by the provision are include weekend days and holidays –Saturdays, Sundays, and red-letter days in which public services are off. Moreover, they assess that the use of ‘calendar days’ doesn’t consider geographical factors in which remote areas are only connected by bush aviation (penerbangan perintis).

“In Saturdays, Sundays and red-letter days, it will be difficult to use banking services for payment related to dispute settlement process, for example payment for registering dispute cases that need operational funds,” said Widodo representing the Applicants.  

Moreover, the Applicants argue that the interpretation of calendar days will cause problems in dispute settlement in the Election Monitoring Body (Badan Pengawas Pemilu –Bawaslu) and in the Election Monitoring Committee (Panitia Pengawas Pemilu –Panwaslu). Moreover, they assess that calendar day provision will cause problems during dispute settlement in state administrative high courts (Pengadilan Tinggi Tata Usaha Negara) and in general courts, in which court proceedings are off on weekend days and red-letter days.

The Applicants believe that day provision which provide justice and legal certainty is day provision as stipulated in Article 1 number 28 Act Number 1 Year 2015 which determines days as working days. However, Widodo argues such norm is changed into calendar days in Act Number 8 Year 2015.

“It causes injustice for justice seekers. The reason is the norm actually adopts similar norm in legislative elections; days referred are calendar days. However, the sense of justice created between legislative election norm and regional election norm is different,” explained Widodo.

Widodo then explains on the difference. According to him, there is a long lag time (jeda waktu) regency/city stage recapitulation, province recapitulation and national recapitulation. “While in regional elections, there is no gradual recapitulation. But, as soon as Regency Election Commission determined the recapitulation, the time limit of three days is immediately implemented,” said him.

Therefore, Heru further says, the Applicants request the Court to grant the petition entirely. “Declare Article 1 number 28 Act Number 8 Year 2015 contrary to the 1945 Constitution along the phrase ‘days are calendar days’ (‘hari adalah hari kalender’) doesn’t interpreted as ‘days are working days’ (‘hari adalah hari kerja’),” said him.

Justice Panel led by Constitutional Justice Patrialis Akbar provides revision input. Constitutional Justice Aswanto says that the Court recently adjudicates Case Number 105/PUU-XIII/2015 regarding regional election dispute settlement which later interpreted by the Court as 45 working days from previous interpretation as 45 calender days. “If you demand such provision, it has already done. It actually grants recently,” said Aswanto.  

Regarding Applicant’s reason on limited time and geographical factor, Aswanto advises that the Applicants elaborate further on it. The reason will be not taken into consideration due to technology information system that overcome geographical problem. Thus, Justice Panel provides 14 working days for the Applicants to conduct petition revision. (Lulu Anjarsari/IR/Prasetyo Adi N) 

---