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Principal Petitioner Deddi Fasmadhy Satiadharmanto in the preliminary hearing of the judicial review of the MD3 Law, Tuesday (26/2) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Aufa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court held the preliminary examination hearing of Law No. 2 of 2018 on the Second Amendment to Law No. 17 of 2014 on the People\'s Consultative Assembly, House of Representatives, Regional Representatives Council, and Regional Legislative Council (MD3) in the Panel Courtroom of the Constitutional Court on Tuesday (26/2/2019).

The case No. 17/PUU-XVII/2019 petitioned by Deddi Fasmadhy Satiadharmanto argued that Artcile 249 paragraph (1) letter j of the MD3 Law was contrary to the 1945 Constitution. The a quo norm reads, “Regional Representatives Council has the authority and duty to monitor and evaluate regional regulation bills (raperda) and regional regulations (perda).”

According to the Petitioner, who was present without an attorney, the article was not in line with Article 24 paragraph (1) of the 1945 Constitution, which stated that the authority to cancel and review Perda should be in the hands of the Supreme Court. To carry out regional government affairs as referred to in the government regulation, the Petitioner considers that the regional government requires a set of legislation whose authority is formed by the regional head with the approval of the Regional Legislative Council (DPRD). "The community should be the one evaluating or reviewing of regulations," Deddy said before the hearing presided over by Constitutional Justice I Dewa Gede Palguna, in the presence of Constitutional Justices Arief Hidayat and Saldi Isra.

In supporting the establishment of an effective legal system and in order to improve good governance, the central and regional governments formed Law No. 12 of 2011 on the Formulation of Regulatory Legislation, which is also the implementation of Article 22A of the 1945 Constitution. The purpose of this law is so that all institutions authorized to form legislation have specific standard guidelines that are and standardized in processes, methods, and techniques for drafting legislation in a planned, integrated, and systematic manner. 

According to the Petitioner, in fact, the MD3 Law only provides certain restrictions on employment within District/Municipal Legislative Council (DPRD) and Regional Governments without considering other perspectives. Therefore, through the petitum the Petitioner requested that the Court declare the a quo article not legally binding with all its legal consequences. 

Petition Format

Constitutional Justice Palguna commented on the format of the petition that had not followed procedure. He also focused on the Petitioner’s elaboration on his legal standing, which had not detailed his constitutional loss, either potential or factual, due to the enactment of the law. He also observed the lack of elaboration on the reason of filing the petition. “After all is elaborated clearly, [you] move on to the petitum. So, that is the format,” he advised.

Constitutional Justice Saldi Isra advised that the Petitioner detail the content of the article to review and the authority of the Court, which can be found in past petitions. “What should be elaborated is the reason why the a quo article violate the Petitioner’s constitutional rights so that the loss of the constitutional rights is clear. Otherwise, if you cannot explain it, the Court could interpret that the Petitioner does not have legal standing and cannot discuss the subject of the petition,” he said.

Constitutional Justice Arief Hidayat deemed the petition obscure because the identity, petition format, article to review, constitutional basis for the judicial review, substance of the petition, as well as posita and petitum were not clear.

Before concluding the session, Justice Palguna reminded the Petitioner to submit the revised petition by Monday, March 11, 2019 at 10.00 WIB to the Registrar’s Office. (Sri Pujianti/LA/Yuniar Widiastuti)

 

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