Constitutional Justice Enny Nurbaningsih opening the panel judicial review hearing of Law No. 23 of 2014 on the Regional Government, Tuesday (4/12/2022) in the panel courtroom. Photo by Humas MK/Ifa.

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Tuesday, April 12, 2022 | 23:43 WIB

JAKARTA, Public Relations—The preliminary hearing of the judicial review of Law No. 23 of 2014 on the Regional Government was held by the Constitutional Court (MK) on Wednesday, March 23, 2022. The case No. 31/PUU-XX/2022 was filed by East Kalimantan DPRD (Regional Legislative Council) member Hasanuddin

Legal counsel Ilhamsyah, who attended the hearing virtually, conveyed the revisions to the panel chaired by Constitutional Justice Enny Nurbaningsih. He emphasized the initial petition.

He said the Petitioner believed there to be legal uncertainty concerning H. Makmur, who had been dismissed by the Decree of the Chair and Secretary-General of the Golkar central executive board (DPP) on the Interim Change of Leadership of the East Kalimantan Province DPRD, the Letter of the East Kalimantan Province DPRD addressed to the Minister of Home Affairs through the East Kalimantan Governor dated November 16, 2021 regarding the Proposal to Replace the Chair and Certify a Candidate for Substitute Chairperson of the East Kalimantan Province DPRD for the remainder of the 2019-2024 term.

The Petitioner is a member of the East Kalimantan DPRD from the Golkar faction. He felt disadvantaged for not having been inaugurated chair of the East Kalimantan DPRD by the Minister of Home Affairs to replace H. Makmur. 

Also read: Disappointment Leads East Kalimantan DPRD Member to Challenge Regional Govt Law 

The case No. 31/PUU-XX/2022 was filed by East Kalimantan DPRD (Regional Legislative Council) member Hasanuddin, who challenges Article 112 paragraph (4) of the Regional Government Law, which reads, “The chairperson and deputy chairperson of the Provincial Regional Legislative Council shall be inaugurated by a Ministerial Decree.”

At the preliminary hearing on Wednesday, March 23, 2022, legal counsel Ilhamsyah asserted that the Petitioner believed there to be legal uncertainty concerning H. Makmur, East Kalimantan DPRD chair for 2019-2024, who had been dismissed by the Decree of the Chair and Secretary-General of the Golkar central executive board (DPP) No. B-600/Golkar/VI/2021 on the Interim Change of Leadership of the East Kalimantan Province DPRD dated June 16, 2021; the Decree of the East Kalimantan Province DPRD No. 36 of 2021 dated November 2, 2021; the Letter of the East Kalimantan Province DPRD No. 160/II.I-1407/Set-DPRD addressed to the Minister of Home Affairs through the East Kalimantan Governor dated November 16, 2021 regarding the Proposal to Replace the Chair and Certify a Candidate for Substitute Chairperson of the East Kalimantan Province DPRD for the remainder of the 2019-2024 term.

“The Petitioner’s legitimacy as the chair of the East Kalimantan DPRD seems to have been ignored by H. Makmur, who is still the chair of the East Kalimantan DPRD, is still acting as the chair of the East Kalimantan DPRD, and is still signing various DPRD letters for various events, and so on,” Ilhamsyah explained.

Therefore, in the petitum, the Petitioner request that the Court declare Article 112 paragraph (4) of Law No. 23 of 2014 unconstitutional and not legally binding if the phrase “inaugurated by a Ministerial Decree” not be interpreted as “a formal decision based on the authority of the minister and is declarative by requiring to follow up on the administrative process on the decision on the privilege of political parties based on the order of the most seats in the Provincial DPRD as a result of the election vote acquisition in determining the leadership of the Provincial DPRD.”

Writer        : Nano Tresna Arfana
Editor        : Nur R.
PR            : Muhammad Halim
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 4/13/2022 08:56 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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