Muhammad Asrun, Heru Widodo, et al claimed the interpretation of the phrase ‘days’ in Article 1 number 28 Act of Regional Elections as ‘calendar days’ affected other Articles that contain the same phrase, leading to legal uncertainty. The Applicants of Case Number 134/PUU-XIII/2015 delivered petition revision in second judicial review session on Monday (30/11), at Plenary Room, the Constitutional Court Building.

“The interpretation of ‘days’ in Constitutional Court dispute settlement provision is determined as workdays, while in administrative violation settlement in the Election Monitoring Body (Bawaslu), criminal settlement in an integrated law enforcement center called Gakkumdu, and state administrative dispute settlement in state administrative courts, it determined as calendar days. Referring to the norm of Article 1 number 28, it is clear that (the difference, ed) causes discrimination and legal uncertainty for law enforcers and justice seekers,” said Heru Widodo representing the Applicants.

The Applicants then simulated the difference interpretation aforementioned. They argued both have different consequences. “Thus, the implementation of norm in Article 157 (5) and (7) that only provides 3 calender days has created legal uncertainty, as well as it doesn’t provide proportional opportunity for justice seekers who located outside Java Island. In our opinion, the phrase ‘3 days’ (calendar days, ed) in Article 157 (5) and (7) contrary to the 1945 Constitution if it isn’t interpreted as ‘3 workdays’,” said Widodo in front of Justice Panel led by Constitutional Justice Patrialis Akbar.

The Applicants argued the interpretation of ‘days’ as calendar days will waste the time because public services are not fully open and court proceedings are off on Saturdays, Sundays, and red-letter days. Moreover, they assessed such interpretation didn’t consider geographical factors in which several remote areas are only accessible by bush aviation.

The Applicant argued the norm of Article 1 number 28 Act Number 1 Year 2015 which determines ‘workdays’ is a proper norm and provides legal certainty. However, the norm was amended by Act Number 8 Year 2015 and changed into ‘calendar days’.

Moreover, the Applicants explained on the difference between regional elections with legislative elections although dispute filing in the Constitutional Court is regulated within 3 calendar days after the Election Commission declares national recapitulation. There will be a long pause between regional recapitulations with national recapitulation, they added. (Lulu Anjarsari/IR/Prasetyo Adi N)