---

Applicant’s Attorney Heru Widodo delivered petition points in preliminary session of Case No. 71/PUU-XIV/2016, on Wednesday (14/9) in Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

Gorontalo Governor Rusli Habibie challenged regional head candidacy provisions in Act No. 10 Year 2016 of Regional Elections. The Constitutional Court held preliminary session of his petition registered in Case 71/PUU-XIV/2016, on Wednesday (14/9). As known, Rusli was a convict under contempt case.

Representing by his attorney, Rusli said provisions that prohibit convict to run regional head candidacy are contrary to the 1945 Constitution and hamper his constitutional right to be elected.

As known, the Applicant was sentenced by one year imprisonment with 2 year probation on charge of contempt that violates Article 317 (1) the Criminal Code. Due to it, he questioned the constitutionality of Article 7 (2) letter g Act of Regional Elections that prohibits convict to run regional head candidacy.

The Article stated “(2) Regional head and deputy head candidate as referred in paragraph (1) shall meet the following requirements: g. never been sentenced as convict that charged by permanent binding decision. Former convict shall be openly admitted his sentence and publish about it to public (g. tidak pernah sebagai terpidana berdasarkan putusan pengadilan yang telah memperoleh kekuatan hukum tetap atau bagi mantan terpidana telah secara terbuka dan jujur mengemukakan kepada publik bahwa yang bersangkutan mantan terpidana.”)

The Applicant argued the Article has hampered his right to be elected as regional head. He argued that the Article detrimental to him. As known in previous Act of Regional Elections (Act No. 8 Year 2015), Article 7 letter g regulated that the prohibition only applied when the convict was sentenced by 5 years imprisonment. The Article was then abolished and the scope of criminal offense was extended by Article 7 (2) letter g Act No. 10 Year 2016; crimes sentenced by probation are also included.  

Rusli argued that the provision which different with previous regional elections has violated the principle of equality before the law and governance that guaranteed in the 1945 Constitution. Thus, the Applicant requested the Court to declare Article 7 (2) letter g unconstitutional.

“Based on Constitutional Court Verdict No. 42/PUU-XIII/2016, Article 7 letter g Act No. 8 Year 2015 was declared conditionally unconstitutional. Applicant, who was charged under Article 317 (1) (the Criminal Code, ed.) with 5 years imprisonment, still has opportunity for running candidacy for one consecutive term. However, by the enactment of Article 7 (2) letter g in the new Regional Elections Act, Applicant’s constitutional right to be elected as regional head has specifically and potentially hampered,” said Applicant’s Attorney Heru Widodo in front of Justice Panel led by Constitutional Justice I Dewa Gede Palguna.

Justice Panel Input

Justice Panel delivered input in response to Applicant’s arguments. Panel Member Manahan MP Sitompul argued that the petition should view the flow of Constitutional Court Verdicts that concerned on regional head candidacy, not just based on Applicant’s own political interest.

“Individual’s political interest, in this case is Applicant’s, should not change an Act. Try to see the flow of previous Constitutional Court Verdicts,” said Manahan.

Constitutional Justice Wahiduddin Adams advised that Applicant should observe Constitutional Court’s legal consideration in the verdicts.

Prior to closing the session, Constitutional Justice Palguna reminded the Applicant to submit revised petition not later than 14 workdays. “In accordance to Constitutional Court procedural law, Applicant is given opportunity to revise petition and the petition should be received by the Court within 14 days or in this case is not later than Tuesday, September 27, 2016 at 10.00 West Indonesian Time,” said Palguna closing the session. (Yusti Nurul Agustin/lul/Prasetyo Adi N) 

---