The Petitioner’s counsel Gunalan explaining the points of the petition virtually at the preliminary hearing of the judicial review of Law No. 6 of 2014 on Village, Monday (9/6/2021) in the plenary courtroom. Photo by Humas MK/Panji.

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Monday, September 6, 2021 | 20:08 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held a preliminary hearing for the judicial review of Law No. 6 of 2014 on Village on Monday, September 6, 2021 in the plenary courtroom. The case No. 42/PUU-XIX/2021 was filed by Nedi Suwiran, kades (village chief) of Sungai Ketupak, Cengal Subdistrict, Ogan Komering Ilir Regency, South Sumatera Province. 

Through counsel Gunalan, the Petitioner challenges Article 39 paragraph (2) of the Village Law, which reads, “The head of the village as referred to in paragraph (1) may serve for a maximum of 3 (three) terms consecutively or not.” He believes the norm contradicts Article 28D paragraph (3) of the 1945 Constitution.

Gunalan explained chronologically that the Petitioner was elected village chief for a 5-year term for 2005–2009 following the provision of Law No. 22 of 1999. He was reelected for a 6-year term for 2009–2015 following the provision of Law No. 32 of 2004. He was reelected for another 6-year term for 2015–2021 following the provision of Law No. 32 of 2004. However, the Ogan Komering Ilir Regent Letter No. 140/458/D.PMD/II.1/2021 dated July 21, 2021 led to the postponement of the village chief election due to the a quo norm. This, Gunalan said, had restricted the Petitioner’s right to participate in government.

“The Elucidation of Article 39 paragraph (2) of Law No. 6 of 2014 only has one sentence, which means that a head of village may serve only for 3 terms, consecutively or not, of which certification is based on Law No. 32 of 2004. Therefore, the village head term based on the law before Law No. 32 of 2004 is in effect should not be included,” Gunalan said.

Therefore, the Petitioner requested that the Court declare Article 39 paragraph (2) of the Village Law unconstitutional and not legally binding insofar as not be interpreted as “Head of the village may serve for a maximum of 3 (three) terms consecutively or not, of which certification is based on Law No. 32 of 2004. Therefore, the village head term based on the law before Law No. 32 of 2004, so the term of a head of village based on the law before Law No. 32 of 2004 is in effect is not included.”

Justices’ Advice

The panel hearing was presided over by Constitutional Justices Constitutional Justice Daniel Yusmic P. Foekh (panel chair), Enny Nurbaningsih, and Saldi Isra. After hearing the Petitioner’s counsel conveying the petition, they give advice for the Petitioner. Justice Enny advised him to elaborate on his legal standing by adding the constitutional losses on the right to participate in government for the Petitioner and others who run in the village head election (pilkades).

“From the petition, only the Petitioner’s individual loss is obvious. Therefore, the Petitioner can also relate it to the right of all citizens to become a village head. It is only explained that the [Petitioner] has served as a village head,” she said to the Petitioner’s counsel.

Meanwhile, Justice Saldi Isra requested that the Petitioner explain his argument on the reason behind his intention to serve another term. Justice Saldi believes that although the Constitution guarantees the citizens’ rights, laws can limit them to ensure their fulfillment for the sake of public order.

“We have not found any constitutional argument for the request for another term. If it is granted, won’t the Court violate the right of other citizens to run in election as village heads?” he stressed.

Last, Justice Foekh requested that the Petitioner find comparison with the term of village heads in other countries that may be similar to the administrative system of Indonesia. This is to facilitate the Court in making legal comparison, which could be reviewed further for adoption in Indonesia or not. Then, Justice Foekh reminded the Petitioner to submit the revised petition by Monday, September 20, 2021 to the Registrar’s Office.

Writer        : Sri Pujianti
Editor        : Nur R.
PR            : Raisa Ayudhita
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 9/7/2021 11:03 WIB

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

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