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The Justice and Human Rights Ministry’s Director of Legislation Harmonization Nasrudin delivered Government’s testimony in preliminary session of Regional Elections Act, on Thursday (3/3) in Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

The Justice and Human Rights Ministry’s Director of Legislation Harmonization Nasrudin assesses the Constitutional Advocates Forum has no legal standing to review Act No. 8 Year 2015 of Regional Elections (UU Pilkada). Representing the Government, he argues that only regional election candidates have legal standing to file petition against the Act.

“Those who entitled to sue (the Act, ed) are regional election candidates whose rights considered detrimental by the enactment of Act a quo,” said him in preliminary session of Case No. 134/PUU-XIII/2015, on Thursday (3/3) in Plenary Room, the Constitutional Court Building.

In the session, the Government argued the Applicant didn’t fulfill legal standing requirements as regulated in Article 51 (1) Act of the Constitutional Court and in previous Constitutional Court Verdicts, verdict no. 006/PUU-III/2005 and verdict no. 011/PUU-V/2007. “The Applicant has no legal standing,” Nasrudin asserted.

Regarding Applicant’s argument saying public service cannot fully conducted because of ‘calendar days’ provision that includes weekend days and red-letter days, the Government explained the provision aimed to provide maximum service for the public. “Regional election disputes can be done briefly in accordance with quick, feasible, and transparent judicial system,” he explained.

Therefore, the Government disagreed with Applicant’s argument saying the provision detrimental to the Applicant’s interest. The Government argued that advocates weren’t directly involved in regional election disputes.

Moreover, the Government assessed the reviewed phrase ‘calendar days’ wasn’t harmed the Applicant because the phrase was an objective condition that applied to all. “Moreover, advocate profession needs thoroughness, pace, and technology that able to speed up case registration process,” said him.

Therefore, the Government requested the Court to reject Applicant’s petition in its entirely or at least declared Applicant’s petition inadmissible. Chief Justice Arief Hidayat then declared that the session will be continued in March 24, 2015 at 11.00 West Indonesian Time with agenda hearing Applicant’s Expert’s testimony and the House’s testimony.

Previously, the Applicant argued ‘calendar days’ provision harmed their constitutional rights because public services were not optimal in weekend days and in red-letter days. They also argued the provision didn’t consider Indonesian geographical condition.

“On weekend days and red-letter days, it will be difficult to use banking services for payment related to case registration to Constitutional Court which require quite a lot operational fund,” said the Applicant.

The Applicant assessed the provision will cause problem in dispute settlement in election monitoring body (Bawaslu) and election monitoring committee (Panwaslu) level. The provision will cause problem in state administrative high court and general court because both courts operated in workdays, not in calendar days. The Applicant requested the Court to grant the petition in its entirely. (Arif Satriantoro/lul/Prasetyo Adi N)

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