The judicial review hearing of the Pilkada Law for case No. 37/PUU-XX/2022, Wednesday (4/20/2022). Photo by Humas MK/Bayu.

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Wednesday, April 20, 2022 | 10:48 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held the judicial review hearing of Law No. 10 of 2016 on the Second Amendment to Law No. 1 of 2015 on the Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors into Law (Pilkada Law) on Wednesday, April 20, 2022 virtually. The petition No. 37/PUU-XX/2022 was filed by A. Komarudin, Eny Rochayati, Hana Lena Mabel, Festus Menasye Asso, Yohanes G Raubaba, and Prillia Yustiati Uruwaya, who challenge Article 201 paragraphs (3) and (9), the Elucidation to Article 201 paragraph (9), and Article 201 paragraphs (10) and (11) of the Pilkada Law.

The Petitioners’ legal counsel, Nurkholis Hidayat, conveyed the revisions to the petition in accordance with the advice of the justices at the previous hearing, which included the format and substance of the petition—clarity of the articles and phrases, legal standing, and review of the madya (senior) and madya (junior) positions.

“Next, in the posita, we present several arguments to support the petitum, which has been clarified in accordance with Your Honors’ advice. So, that is our response to Your Honors’ suggestions,” he said virtually.

He further said that the provision for the appointment of regional head officials to fill vacancies of regional head positions that will end in 2022 and 2023 as stipulated in the Pilkada Law has given the government, especially the president and the Minister of Home Affairs (Mendagri), enormous power. 

Also read: Provision on Filling of Vacancy of Acting Regional Head in Pilkada Law Challenged 

The petition No. No. 37/PUU-XX/2022 was filed by A. Komarudin, Eny Rochayati, Hana Lena Mabel, Festus Menasye Asso, Yohanes G Raubaba, and Prillia Yustiati Uruwaya, who challenge Article 201 paragraphs (3) and (9), the Elucidation to Article 201 paragraph (9), and Article 201 paragraphs (10) and (11) of the Pilkada Law.

Legal counsel Nurkholis Hidayat asserted at the hearing that the petition was the Petitioners’ effort to guard the development of democracy and rule of law in the Republic of Indonesia. The petition was based on great concerns over power abuse by the executive.

Another counsel, M. Fandi Denisatria, explained that the Petitioners are Indonesian citizens, as proven by resident identity cards (KTP) of DKI Jakarta for Petitioners I-II and Papua Province for Petitioners III-VI. As such, they have legal standing as taxpayers.

The Petitioners argued that the Pilkada Law had given them regional heads who were not elected democratically, thus impairing their rights. In fact, in 2022 the tenure of the DKI Jakarta governor will expire then for two years Petitioners I and II will have a governor who is not elected by the people. This also apply to Petitioners III-VI.

The Pilkada Law stipulates that governors/mayors/regents whose tenure expire in 2022 will be replaced by acting governors/mayors/regents for a year, extendable one time, to a total of two years. The appointment of these officials clearly violates the principle of regional autonomy, where the region’s authority to make decisions is taken over by an official appointed by the central government.

Based on those reasons, the Petitioners requested that the Court declare the a quo articles conditionally unconstitutional if interpreted as: (a) There is a democratic mechanism to fill the vacancy of a Regional Head; (b) The Candidate of Acting Regional Head has legitimacy and the highest approval ratings; (c) [The Candidate of Acting Regional Head] is a native Papuan for the Acting Regional Head in Papua and West Papua Provinces; (d) [The appointment] goes through assessment by elements of the public; (e) There is clear a provision; (f) [The acting official] can extend their service or completes it in 2022 or 2023; (g) [The acting official] is not from the Police force and the military (TNI); and (h) [The acting official] is independent and does not represent certain political interest of the President or the Central Government.

Writer        : Utami Argawati
Editor        : Nur R.
PR            : Andhini S. F.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 4/20/2022 12:56 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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