Constitutional Justices Arief Hidayat (panel chair), Enny Nurbaningsih, and Saldi Isra opening the petition revision hearing on an interagency authority dispute, Tuesday (11/23/2021). Photo by Humas MK/Ifa.
Tuesday, November 23, 2021 | 16:20 WIB
JAKARTA, Public Relations—The Constitutional Court (MK) held the petition revision hearing on the South Pesisir incumbent regent’s petition for case No. 3/SKLN-XIX/2021 on Tuesday, November 23, 2021. At this second hearing, the Petitioner, Hendrajoni, informed the Court that he intended to withdraw the petition.
“So, in the afternoon before the petition revision hearing, the justice panel has not yet received the revision. Is this accurate, counsel? There are no revisions?” Constitutional Justice Arief Hidayat, the panel chair, asked the Petitioner’s counsel.
“Correct, Your Honor. There are no revisions because we intend to withdraw the petition,” said counsel Haryo Susilo.
Justice Arief said that as the request to withdraw was conveyed at a hearing, it would be recorded in the minute. He also asked whether it would be followed by an official letter, which the counsel replied that it would not.
“Well, then, the verbal request to withdraw the petition constitutes an official withdrawal request and is recorded in the transcript of today’s hearing. We will report it to the justice deliberation meeting and you just wait for summons from the Court’s Registrar’s Office on the follow-up on the case,” Justice Arief said.
The Petitioner, Hendrajoni, 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. He 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, which certified Candidate Pair Rusma Yul Anwar-Rudi Hariyansyah as South Pesisir Regent-Deputy Regent.
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. Through his legal counsel, he 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 believed 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 two Permendagri were issued were an oversight and must be declared null and void.
However, he believed 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.
Writer : Nano Tresna Arfana
Editor : Lulu Anjarsari P.
PR : M. Halim
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 11/24/2021 09:37 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.