The Petitioner’s legal counsel Effendi Saman attending petition revision hearing for judicial review of Law No. 10/2016 on the Election of Governors, Regents, and Mayors (Regional Elections Law) held by the Constitutional Court (MK) on Wednesday (29/11) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

The revision hearing of petition for judicial review of Law No. 10/2016 on the Election of Governors, Regents, and Mayors (Regional Elections Law) was held by the Constitutional Court (MK) on Wednesday (29/11) afternoon. Represented by his legal counsel, Effendi Saman, the Petitioner delivered changes and improvements based on the recommendation of the Panel of Justices of the Constitutional Court at the previous hearing.

"Some things were revised. In addition to the reason for filing this petition, the legal standing and petitum were revised so that the Panel of Justices will accept and grant the Petitioner\'s petition,” said Effendi to Constitutional Justice Maria Farida Indrati as Chairman of the Constitutional Court Panel.

In addition, in the petition revision, the Petitioner confirms the legal provisions that may potentially harm the political rights of the Petitioner. Including the articles in the Law on Regional Elections, which is considered contradictory to the 1945 Constitution and harming the Petitioner.

According to the Petitioner, the violation to the Constitution referred to is Article 28D paragraph (1) of the 1945 Constitution that reads, "Every person shall have the right of recognition, guarantee, and protection before a just law, and of equal treatment before the law." In addition, Article 28D paragraph 3) which reads, "Every citizen shall have the right to obtain equal opportunities in government."

Regarding the reason for the need to review the a quo law, the Petitioner believes that the Petitioner will not have the chance to run for a regional head if the terms in the existing article are not revised and not corrected, and they need to be reviewed.

The petition No. 90/PUU-XV/2017 was filed by Dani Muhammad Nursalam Bin Abdul Hakim Side, Chairman of Indra Giri Hilir Regency Regional Legislative Council (DPRD), to review Article 7 paragraph (2) that reads, " Governor and Vice Governor Candidates, Regent and Deputy Regent Candidates, as well as Mayor and Vice Mayor Candidates as stipulated in paragraph (1) must meet the following requirements: letter g, never became a convict based on a court decision that has obtained permanent legal force or for a former convict has openly and honestly told the public that the concerned is a former convict; letter h, their right to vote is not being revoked of by a court decision having a permanent legal power.”

The Petitioner is an individual Indonesian citizen who intends to run as a candidate for regent in the 2018 general elections. However, he was aggrieved by the a quo provisions because he was sentenced to a 3-month prison term in 2010 for gambling.

The Petitioner feels that if the provisions in Article (2) letter g and letter h are canceled, his constitutional rights will not be violated. For that reason, the Petitioner requested that the Panel of Justices of the Constitutional Court be able to provide a juridical explanation in its ruling so that the Petitioner is entitled to exercise his political right to run for office in Indragiri Hilir Regency. (Nano Tresna Arfana/LA/Yuniar Widiastuti)