Legal counsel Hendriyanus Rudyanto Tonubessi conveying the petition’s subject matter at the preliminary hearing of judicial review of the Regional Government Law, Thursday (8/31/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — South Timor Tengah DPRD member Sefriths Eduard Dener Nau, Mataram City DPRD member Misban Ratmaji, and Kampar Regency DPRD member Kardinal have filed a material judicial review petition of Article 193 paragraph (2) letter i of Law No. 23 of 2014 on the Regional Government as amended by Law No. 9 of 2015 on the Second Amendment to Law No. 23 of 2014 on the Regional Government to the Constitutional Court (MK). The preliminary hearing for case No. 88/PUU-XXI/2023 took place on Thursday, August 31, 2023 in the plenary courtroom.

Article 193 paragraph (2) letter i of the Regional Government Law reads, “Members of the regency/city DPRD shall temporarily be dismissed because: … i. become a member of another political party.” The Petitioners believe the a quo article is in violation of Article 27 paragraph (1), Article 28D paragraphs (1) and (3), and Article 28I paragraph (2) of the 1945 Constitution.

Before Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices Manahan M. P. Sitompul and Daniel Yusmic P. Foekh, legal counsel Hendriyanus Rudyanto Tonubessi said the Petitioners are legislative members elected as legislative members in the 2019 Election and serve until 2024. They would like to run in the upcoming 2014 Election, but their party—the Justice and Unity Party (PKP)—did not pass the verification required by Article 173 of the Election Law.

The only thing left to do is to join another party that passed the verification. Based on the Decree of the Ministry of Home Affairs (SE Mendagri) No. 100.2.1.4/4367/OTDA issued based on the a quo article, the Petitioners must be dismissed for switching party to be able to run in the next election.

The Petitioners believe that, according to logical reasoning, the forced dismissal from legislative institution could potentially restrict their constitutional right to be elected in the election. This would also pose a dilemma relating to their term of office. They also see the provision as redundant.

“The Petitioners request that the Court grant their petition in its entirety, and declare Article 193 paragraph (2) letter i of Law No. 23 of 2014 on the Regional Government as amended by Law No. 9 of 2015 on the Second Amendment to Law No. 23 of 2014 on the Regional Government unconstitutional and not legally binding,” Tonubessi said.

Justices’ Advice

In response, Constitutional Justice Manahan M. P. Sitompul advised the Petitioners to complete the provisions on the Court’s authority over the case. He observed that the Petitioners explained their legal standing by detailing the jurisprudence of the norm petitioned and their constitutional impairment.

“Does the [Petitioners’] former party allow endorsement of an interim candidate? What is the procedure for the party’s approval?” he asked.

Next, Constitutional Justice Daniel Yusmic P. Foekh observed the petition’s format, which followed that in general courts, and asked them to study the Constitutional Court’s petition format. He also asked them to explain the move to the new party (the People’s Conscience Party or Hanura), since it is related to their legal standing. “Does PKP still exist? Please attach the decree of the Law and Human Rights Ministry of the party’s existence,” he said.

Meanwhile, Deputy Chief Justice Saldi Isra asked the Petitioners to clarify their legal standing with the norm in the 1945 Constitution that guarantees their right. Otherwise, the constitutional justices cannot judge the case.

“In the background, the Petitioners contrast the norm and the Constitutional Court Decision No. 39/PUU-XI/2013 as if they contradict one another. Please build the argument properly,” he advised.

After the constitutional justices gave their advice, Deputy Chief Justice Saldi Isra announced that the Petitioner had 14 workdays to revise the petition and submit it no later than Wednesday, September 13 at 09:00 WIB to the Registrar’s Office, who will then notify them of the next hearing’s schedule. 

Author       : Sri Pujianti
Editor        : Nur R.
PR            : Muhammad Halim
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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