The panel constitutional justices examining the revised petition at the judicial review hearing of the Village Law petitioned by Nedi Suwiran, Monday (9/20/2021). Photo by Humas MK/Ilham W.M.

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Monday, September 20, 2021 | 15:47 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held another judicial review hearing of Law No. 6 of 2014 on Village on Monday, September 20, 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. 

At the petition revision hearing, counsel Gunalan conveyed the revisions to the petition, which include the Court’s authority, the Petitioner’s legal standing through the elaboration of the constitutional rights granted by the 1945 Constitution, and the background of the petition, which was affirmed by elaborating the term limit of village chief in the Village Law.

He also said that the simultaneous village chief election of Ogan Komering Ilir Regency was planned to be held on October 12, 2021, so he requested that the Court rule on the case before that.

“[We request that] the case be ruled before the simultaneous 2021 election on October 12, 2021,” he said.

Also read: Sungai Ketupak Village Chief Questions Limit of Three Terms 

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.

At the preliminary hearing on Monday, September 6, 2021, counsel 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 before Constitutional Justices Daniel Yusmic P. Foekh (chair), Saldi Isra, and Enny Nurbaningsih. 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.

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.” 

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

Translation uploaded on 9/21/2021 12:46 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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