Petitioner Khairil Anwar explaining the merit of the case virtually at the preliminary hearing of the interagency authority dispute regarding the dismissal of South Kalimantan acting governor and the ratification of the appointment of South Kalimantan governor-deputy governor, Tuesday (11/9/2021). Photo by Humas MK/Ifa.

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Tuesday, November 9, 2021 | 22:12 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held a hearing for the interagency authority dispute (SKLN) over the Presidential Decree (Keppres) of the Republic of Indonesia No. 105/P of 2021 on the Dismissal of the Acting Governor of South Kalimantan and the Ratification of the Appointment of Governor and Deputy Governor of South Kalimantan on Tuesday, November 9, 2021. The petition No. 2/SKLN-XIX/2021 was filed by Khairil Anwar.

At the hearing chaired by Deputy Chief Justice Aswanto, the Petitioner requested that the keppress be annulled because when the governor and deputy governor of South Kalimantan was inaugurated, he litigating in the South Kalimantan gubernatorial election dispute case in the Constitutional Court No. 151/PHP.GUB-XIX/2021. He registered the petition under the registration No. 42/PAN.ONLINE/2021 on August 25, 2021 at 10:44 WIB or 2 hours 46 minutes before the inauguration at 13.30 WIB on the same day.

“When the inauguration took place, I was litigating in the Constitutional Court. So, basically, the petition was being filed in the Constitutional Court. However, the President has appointed the candidates,” he said when he appeared before the Court without any legal counsel.

He wished for the appointment be delayed, awaiting his case in the Constitutional Court.

Justices’ Advice

In response, Deputy Chief Justice Aswanto advised the Petitioner to learn the procedural law for the Constitutional Court. “The procedural law details the requirements for the petition. Of course the petitioner and their [profile] must be clear, followed by the Court’s authority, the petitioner’s legal standing, the posita, and the petitum.

He added that if the petition does not meet the formal requirements, the Court would deem the petition not worth being considered.

Meanwhile, Constitutional Justice Manahan M. P. Sitompul said that the keppres is not under the Court’s jurisdiction. “If it is the keppres [that is being challenged], it is not under the Constitutional Court’s jurisdiction. You challenge this Keppres No. 105, correct?” he asked.

Before concluding the hearing, Justice Aswanto informed the Petitioner that he had 14 workdays to revise the petition. “If you’d like to make revisions, you have 14 [workdays]. This hearing took place on the 9th. Your revision should be no later than 14 days since today on the 9th. So, you should submit the [revised petition] on November 22, 2021,” he explained.

Writer        : Utami Argawati
Editor        : Nur R.
PR            : Tiara Agustina
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/10/2021 14:24 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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