Constitutional Justices Arief Hidayat (panel chair), Wahiduddin Adams, and Enny Nurbaningsih opening the petition revision hearing of the material judicial review of the Village Law, Monday (8/14/2023). Photo by Humas MK/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the another material judicial review hearing of Article 29 letter g, Article 51 letter g, and Article 64 letter h of Law No. 6 of 2014 on Villages on Monday, August 14, 2023. This second hearing was to examine the revisions to the petition No. 76/PUU-XXI/2023, filed by Mahmudi, a village apparatus.

Before Constitutional Justices Arief Hidayat (panel chair), Enny Nurbaningsih, and Wahiduddin Adams, the Petitioners stated that he had included his appointment letter (“SK”) as the village secretary.

“I have also added the Lawmaking Law in points 1.3 and 1.4 on the Constitutional Court’s authority, and point 1.6 relating to the revision to the object following the [justices’] advice that the potential and actual [impairment] as a village apparatus would be the judicial review of Article 51 letter g of the Village Law. The object of the petition has been revised, which was formerly three articles against five touchstones; now it is Article 51 letter g of the Village Law against two touchstones, Articles 28 and 28C of the 1945 Constitution,” the Petitioner said.

He also added, in point 1.7, conclusion on the Constitutional Court’s authority. He also revised his elaboration on his legal standing by including evidence P-2.

Also read: Village Apparatus Challenges Provisions on Political Party Membership

At the preliminary hearing, the Petitioner virtually conveyed that his constitutional rights, which are guaranteed by the 1945 Constitution, had been violated by the provision that puts prohibition on becoming political party executive members in Article 29 letter g, Article 51 letter g, and Article 64 letter h of the Village Law. He believes that he has the right to develop himself by meeting his basic needs, through education as well as knowledge, technology, art, and culture, in order to improve his living and for the welfare of humankind. He added that he also has the right to fight for his right to collectively develop the community, nation, and state.

The Petitioner emphasized that he had received unfair, discriminatory treatment and had not been given equal opportunity in government by the provisions of Article 29 letter g, Article 51 letter g, and Article 64 letter h of the Village Law because even president, vice president, ministers, House of Representatives (DPR) and Regional Legislative Council (DPRD) members, and heads of regions are not prohibited from being political party members/executives, while village apparatuses are. Therefore, in the petitum, he requests that the Court declare Article 29 letter g, Article 51 letter g, and Article 64 letter h of the Village Law unconstitutional and not legally binding.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
PR            : Andhini S.F.
Translator  : Yuniar Widiastuti (NL)

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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