Village Head Absent, Hearing on State Apparatus Dismissal Postponed

Constitutional Justices M. Guntur Hamzah (panel chair), Arief Hidayat, and Manahan M. P. Sitompul opening the material judicial review hearing of the Law No. 6 of 2014 on Villages, Monday (3/6/2023). Photo by MKRI/Ifa.

Monday, March 6, 2023 | 15:50 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) held the material judicial review hearing of Law No. 6 of 2014 on Villages and the Home Affairs Minister’s Regulation (Permendagri) No. 67 of 2017 on the Amendment to the Home Affairs Minister’s Regulation No. 83 of 2015 on the Appointment and Dismissal of Village Apparatuses on Monday, March 6, 2023. The petition No. 23/PUU-XXI/2023 was filed by Belly Respati, head of Pekon Bumi Waras Village, Way Krui Subdistrict, West Pesisir Regency, Lampung Province.

The hearing was supposed to examine the petition but until it was opened, the Petitioner did not show up either on site or online.

“The Petitioner is not attending due to technical issues and was contacted through phone call, but cannot attend the hearing either online or on site. Therefore, the hearing is postponed until the next schedule that the Registrar’s Office will decide later,” said Constitutional Justice M. Guntur Hamzah from the panel courtroom alongside Constitutional Justices Arief Hidayat and Manahan M. P. Sitompul.

The Petitioner argues that Article 5 paragraphs (6) of Permendagri No. 67 of 2017 (“The written recommendation of the subdistrict head or other designation as referred to in paragraph (5) shall be based on the requirements for the dismissal of the village apparatus.”) is against Article 26 paragraphs (1) and (2) of the Village Law (1. The Head of Village shall be in charge of implementing the Village Government, the Village Development, the village community development and empowerment of villagers; 2. In carrying out duties as referred to in Article (1), the Head of Village shall be authorized: a. to lead the implementation of the Village Government; b. appoint and dismiss village apparatuses.”).

The Petitioner alleges that due to the Permendagri, the head of the subdistrict is authorized to dismiss village apparatuses, since a village head would need their written recommendation to do so when, in fact, Article 26 paragraphs (1) and (2) of the Village Law specifies that it is not needed, given that village apparatuses are responsible for assisting the village head.

Author              : Sri Pujianti
Editor               : Nur R.
Press Release   : Tiara Agustina
Translator         : Yuniar Widiastuti (NL)

Translation uploaded on 3/7/2023 08:22 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.

Monday, March 06, 2023 | 15:50 WIB 235