Constitutional Justice Saldi Isra at a panel preliminary hearing of interagency authority dispute, Wednesday (11/10/2021). Photo by Humas MK/Zahra.

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Wednesday, November 10, 2021 | 18:58 WIB

JAKARTA, Public Relations—South Pesisir incumbent regent Hendrajoni filed a petition to request the annulment of the Decree of the Minister of Home Affairs (Permendagri) No. 131.13-360 of 2021 dated February 24, 2021 on the Amendment to the Permendagri No. 131.13-301 of 2021 on the Ratification of the Appointment of Regional Heads and Deputy Regional Heads from the 2020 Simultaneous Election in the Regencies and Cities of West Sumatera Province. The decree certified Candidate Pair Rusma Yul Anwar-Rudi Hariyansyah as South Pesisir Regent-Deputy Regent. The interagency authority dispute (SKLN) petition took place on Wednesday, November 10, 2021.

Haryo Susilo Agus Satoto, legal counsel of the Petitioner of case No. 3/SKLN-XIX/2021, explained that the Petitioner is the incumbent regent of South Pesisir Regency, who acquired the second highest number of votes in the 2020 election after regent-deputy regent elect Rusma Yul Anwar-Rudi Hariyansyah. The Petitioner argued that Rusma Yul Anwar had submitted application documents that should have been reason enough for the South Pesisir Regency General Elections Commission (KPU) to deny his application as a regent candidate.

“The unlawful act by Rusma Yul Anwar was in violation of Article 109 of Law No. 32 of 2009 on Environmental Protection and Management, which has impaired legal enforcement, betrayed the conscience and mandate of the Indonesian people in general, and the people of the South Pesisir in particular,” Haryo said to the panel of justices chaired by Constitutional Justice Arief Hidayat.

The Petitioner through his legal counsel had reported the South Pesisir Regency KPU’s negligence to the Election Organizer Ethics Council (DKPP), who then issued a penalty to the KPU’s chairman and members in the DKPP-RI Decree No. 120-PKEDKPP/III/2021 on June 2, 2020.

The Petitioner believes the Respondent had been negligent and disregarded public complaints, especially that by the Petitioner and the people of South Pesisir. He also asserted that the legal facts that had occurred during Rusma Yul Anwar’s candidacy until the DKPP’s decree was issued were an oversight and must be declared null and void.

However, he believes the South Pesisir Prosecutor’s Office was restricted in executing a decision on Rusma Yul Anwar, who has been inaugurated as the regent of South Pesisir. Rusma Yul Anwar, who should have been a role model, promised to turn himself in to be subjected to the ruling of Padang District Court, but has not done so until today.

State Agency Status

Constitutional Justice Saldi Isra questioned the Petitioner’s petition. “Is the petition an interagency authority dispute, a regional heard [election] dispute, or does it request the annulment of the decree of the Ministry of Home Affairs?” he asked the Petitioner’s legal counsel. The legal counsel affirmed that the petition is an interagency authority dispute (SKLN).

“Then, in the ‘subject’ of the petition, ‘interagency authority dispute’ must be written. You must also observe the Constitutional Court Regulation No. 8 of 2006 and the Constitutional Court Law to distinguish authorities, such as the definition of authorities among state agencies. The 1945 Constitution stipulates that a petitioner of an SKLN case shall be state agencies. In the petition, must be explained that the Petitioner is a state agency that can file a petition, since the petitioners of SKLN cases shall not be individuals,” Justice Saldi stressed.

Meanwhile, Constitutional Justice Daniel Yusmic P. Foekh said the object of dispute must be state agencies whose authorities are granted by the 1945 Constitution and that have direct interest in the case. He requested that the Petitioner explain the state agency that will act as the respondent.

Next, Constitutional Justice Arief Hidayat stressed that Petitioner must be able to explain his status as a state agency whose authority is granted by the 1945 Constitution, so that he has legal standing in the case.

The justice panel gave the Petitioner 14 workdays to revise the petition, which must then be submitted by November 23, 2021.

Writer        : Nano Tresna Arfana
Editor        : Lulu Anjarsari P.
PR            : M. Halim
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/11/2021 09:19 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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