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The Petitioners’ attorneys Heru Widodo and peers after the preliminary panel hearing of the judicial review of the Pilkada Law, Wednesday (12/8) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held a preliminary hearing of the judicial review of Law No. 10 of 2016 on the Second Amendment to Law No. 1 of 2015 on the Stipulation of the Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors into Law (Pilkada Law) on Wednesday, August 12, 2020.

The Petitioners of case No. 67/PUU-XVIII/2020 are Mohammad Kilat Wartabone (Petitioner I) and Imran Ahmad (Petitioner II). Petitioner I is an independent regional head candidate for the 2020 simultaneous Pilkada in Bone Bolango Regency, Gorontalo Province. Petitioner II is a resident of Bone Bolango Regency, Gorontalo Province who has the rightto vote in and run for the 2020 simultaneous Pilkada.

The Petitioners challenge Article 7 paragraph (2) letter n of the Pilkada Law that stipulates that candidates of governors, regents, and mayors and their deputies must “have never served as Governor/Regent/Mayor….” They believe it is interpreted to apply only to regional heads, not to vice regional heads who have acted as regional heads, despite both occupying the same position. The Petitioners’ attorney Dhimas Pradana said that this allows acting regional heads to stall their promotion as regional heads so that they would serve under half a term.

The Petitioners are disadvantaged because the regent elected for 2010-2015 Abdul Haris Nadjmudin was temporarily dismissed for his involvement in a criminal case and replaced by vice regent Hamim Pou since September 18, 2010 to May 27, 2013. After 2 years and 3 months, Abdul Haris Nadjmudin passed away, allowing Hamim Pou to become acting regent since May 27, 2013 to September 17, 2015. He then was elected regent for February 17, 2016 to February 17, 2021. Pou, who is also a party chairman, was again nominated for regent in the 2020 simultaneous Pilkada for 2021-2026.

To the Petitioners, the interpretation that only the late Abdul Haris Nadjmudin was regent for the 2010-2015 term, excluding acting regent Hamim Pou, has harmed their chances to run for the position of Bone Bolango regent in 2020. They also argued that if they are elected regent for the 2021-2026 term and be dismissed temporarily after one year into the term, they would be seen as having completed the entire term. On the other hand, vice regents that serve as acting regents would not be seen as having completed the entire term.

Full Quote of the Court Decision 

Panel chairman Constitutional Justice Saldi Isra advised the Petitioners to quote the Constitutional Court decision more completely, not only picking out several sentences. “Check again and give context. Not to mention, the petition mentions erga omnes, which cannot be sufficiently [explained] by mere two sentences. Explain erga omnes [within] the context of the decision,” he said.

Constitutional Justice Manahan M. P. Sitompul commented that the petition was already systematic and complete with accompanying tables. “Even though it is complete, in this judicial review petition we would like to remind you that the hearing is to review norms [of law], so there needs to be detailed reason regarding the articles being reviewed. In addition, Petitioner II must elaborate on his constitutional damage,” he said. He also noted that the petition focused more on the implementation of the norm.

Constitutional Justice Enny Nurbaningsih advised Petitioner II to emphasize his status and the norm that regulates regional head candidates. “You must be able to prove that Petitioner II not only have the right to vote and be elected but also as a contesting candidate. Is there evidence that Petitioner II is a contesting candidate? This will strengthen [your] legal standing. Meanwhile, Petitioner I is clearly an independent candidate,” she said.

Writer: Nano Tresna Arfana
Editor: Lulu Anjarsari
PR: M Lambang S.
Photographer: Gani
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 8/13/2020 17:00 WIB

Disclaimer: The original version of the news is in Indonesian. In case where any differences occur between the English and the Indonesian version, the Indonesian version will prevail.

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