Ruling hearing on the judicial review of the Regional Elections Law (Pilkada), Wednesday (20/9) in the Plenary Hall of the Constitutional Court Building. Photo by PR/Ganie.

The Constitutional Court (MK) rejected entirely a petition filed by a member of the West Papuan People\'s Representatives\' Council (DPRPB) for the 2014-2019 period Yan Anton Yoteni. Yoteni requested a judicial review on Law No. 10/2016 on the Second Amendment to Law Number 1/2015 on the Stipulation of Government Regulation in Lieu of Law No. 1/2014 on the Election of Governors, Regents, and Mayors into a Law (Regional Elections Law). The Hearing of Decision No. 75/PUU-XIV/2016 was held on Wednesday (20/9) in Plenary Hall of the Constitutional Court.

Yoteni felt that his constitutional rights had been violated by the enactment of Article 40 paragraphs (1), (2), (3), (4), and (5) of Regional Elections Law on the nomination of candidates from a political party or a coalition. The Petitioner is the Chairman of the Special Autonomy Faction of the DPRPB, elected by the Indigenous Peoples of Papua and is running as a candidate for West Papua governor in the 2017 Simultaneous Regional Head Elections. However, the Petitioner’s intention is hindered because he is not nominated by a political party or a coalition of political parties. The Petitioner considered that the provisions were discriminative because they discriminate against members of the DPRPB nominated by the indigenous peoples in favor of those nominated by political parties.

With regard to the petition, the Constitutional Court observed that the Court had no authority to add special status or privilege to a region that had been given a special status or privilege, including in this case adding special status or privilege to Papua Province and West Papua Province.

In the Court’s opinion read by Justice Manahan Sitompul, the Constitutional Court had made the Decision No. 116/PUUVII/2009 on Februari 1, 2010 on the existence of the Papuan People\'s Representatives\' Council (DPRP). The Decision affirmed the filling of office of DPRP members, which is not only by election, but also through appointment. It became one of the concrete manifestations of Papuan special status given through the Papua Special Autonomy Law. On the other hand, the special status in the filling of the head office by way of appointment has not yet been regulated in the Special Autonomy Law, apart from the requirement that the governor and vice governor of Papua must be indigenous Papuans.

"Therefore, there is a new intention to grant the right of candidate governor and vice governor pair to DPRP members who was appointed. Therefore, it should be done through legislative review of Law 21/2001, by still taking into account the principles of regional special status as specified in Article 18B of the 1945 Constitution," said Justice Manahan.

(Lulu Anjarsari/lul/Yuniar Widiastuti)