Chief Justice Anwar Usman reading the ruling 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, Wednesday (12/15/2021). Photo by Humas MK/Ifa.

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Wednesday, December 15, 2021 | 16:34 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held a ruling hearing for case No. 2/SKLN-XIX/2021 on the interagency authority dispute (SKLN) on Wednesday, December 15, 2021 in the plenary courtroom. The petition was filed by Khairil Anwar, a resident of Sorosutan Village, Umbulharjo Subdistrict, Yogyakarta.

In his petition, the Petitioner requested that the Presidential Decree (Keppres) 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 be annulled. He argued that when the governor and deputy governor of South Kalimantan was inaugurated, he was 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.

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

The Court in its legal considerations read out by Deputy Chief Justice Aswanto argued that after it had examined the petition and heard his testimony, it decided the Petitioner had failed to explain his direct interest in the case to elaborate the disputed authority, and to affirm the state institution that should have acted as the respondent. The Petitioner also did not elaborate on his capacity and qualification as an individual and his relation to the state institution that should have acted as the petitioner in the case pursuant to the Constitutional Court Law. He also had failed to elaborate his petitum (what he requested).

Also read:

Presidential Decree on Inauguration of South Kalimantan Governor Challenged 

Petitioner of Keppres on S. Kalimantan Governor’s Appointment Absent

At the preliminary hearing on Tuesday, November 9, 2021, the Court had given the Petitioner recommendations to revise the petition by elaborating the petition following the conditions set in the Constitutional Court Law and the Constitutional Court Regulation (PMK) No. 8 of 2006. However, the Petitioner was adamant and stated he would not revise the petition.

Based on the legal fact, the Court deemed the petition obscure and not following the SKLN requirements set in the Constitutional Court Law and the Constitutional Court Regulation (PMK) No. 8 of 2006.

“[The Court] declares the Petitioner’s petition inadmissible,” said Chief Justice Anwar Usman reading out the verdict. 

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

Translation uploaded on 12/16/2021 14:18 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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