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The Petitioners’ attorneys delivering the revised petition in the material review hearing of the Pilkada Law, Wednesday (26/8) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held a petition revision hearing of the judicial review of Article 7 paragraph (2) letter n 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 26, 2020 at 15:00 WIB. The case No. 67/PUU-XVIII/2020 was filed by Mohammad Kilat Wartabone and Imran Ahmad.

Mohammad Kilat Wartabone is an independent regional head candidate for the 2020 simultaneous Pilkada in Bone Bolango Regency, Gorontalo Province while Imran Ahmad is a resident of Bone Bolango Regency, Gorontalo Province who has the rightto vote in and run for the 2020 simultaneous Pilkada. They 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….”

At the hearing led by Constitutional Justice Saldi Isra, the Petitioners’ attorney Aan Sukirman stated that the article 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 at different times in one term. This allows acting regional heads to stall their promotion as regional heads so that they would serve under half a term.

Aan added that the Petitioners strengthened their legal standing. He said they challenge the article, which gives preferential treatment to deputy regional heads who serve as acting regional heads. This, he said, is not proportional, unfair, and allows for illegalities to occur, leading to the 2020 Pilkada, especially in Bone Bolango Regency, to potentially violate the direct, public, free, confidential, honest, and fair election.

In addition, he said, the Court had asserted that half of a term is counted as one full term. "This means that if a person has served as a regional head or as an acting regional head for a half term of office or more, they are declared as having served one term of office," he said.

 Also read: One Term for Regional Heads Challenged

At the preliminary hearing on Wednesday, August 12, the Petitioners stated that the regional head position could be occupied by governors/regents/mayors and vice governors/vice regents/vice mayors when the governors/regents/mayors are otherwise indisposed or temporarily or permanently dismissed. Therefore, two legal subjects meet the criterion “have served as Governor/Regent/Mayor…” in the a quo article: regional head and deputy regional heads.

The Petitioners feel disadvantaged because the Bone Bolango 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 were 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. 

Writer: Utami Argawati
Editor: Nur R.
PR: Lambang T. S.
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 9/1/2020 15:58 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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