Three DPRD Members Clarify Petitum on Interim Substitution after Party Switch
Image

Legal counsel Hendriyanus Rudyanto Tonubessi mentioning revisions to the petition on the Regional Government Law, Wednesday (9/13/2023). Photo by MKRI/Fauzan.


JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing on Article 193 paragraph (2) letter i of Law No. 23 of 2014 on Regional Governments as amended by Law No. 9 of 2015 on the Second Amendment to Law No. 23 of 2014 on Regional Governments (UU Pemda) on Wednesday, September 13, 2023.

At the on-site petition revision hearing presided over by Deputy Chief Justice Saldi Isra and Constitutional Justices Arief Hidayat and Manahan M.P. Sitompul, legal counsel Hendriyanus Rudyanto Tonubessi mentioned several revisions to the petition. First, the Petitioners’ legal standing as citizens and individuals who have an interest in the electoral process because the political parties that endorsed them in the 2019 Election did not participate in the 2024 Election despite the Petitioners’ eagerness to run in the 2024 Election. Thus, they seek endorsement by other political parties. However, the norm being challenged has hindered their aspiration.

Second, the Petitioners had also clarified the reasons for the petition, which explain their interests. Third, they had revised their petitum.

“In the petitum, the Petitioners request the Court to declare Article 193 paragraph (2) letter i of Law No. 23 of 2014 on Regional Governments as amended by Law No. 9 of 2015 on the Second Amendment to Law No. 23 of 2014 on Regional Governments unconstitutional insofar as it is not interpreted as ‘except for DPRD members if ... a. The political party that nominated the member is no longer a participant in the election or the management of the political party no longer exists. b. The DPR/DPRD member is not dismissed or not withdrawn by the political party that nominated them. c. There is no longer a replacement candidate listed in the permanent candidate list of the party that nominated them,’” Hendriyanus said.

Also read: DPRD Members of a Party Failing Verification File a Petition

South Timor Tengah Regional Legislative Council (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 in case No. 88/PUU-XXI/2023.

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.

At the preliminary hearing on Thursday, August 31 in the plenary courtroom, 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.

Therefore, in their petition, the Petitioners asked the Court to declare Article 193 paragraph (2) letter i of the Regional Government Law unconstitutional and not legally binding as long as it is not interpreted as “except for DPRD members if ... a. The political party that nominated the member is no longer a participant in the election or the management of the political party no longer exists. b. The DPR/DPRD member is not dismissed or not withdrawn by the political party that nominated them. c. There is no longer a replacement candidate listed in the permanent candidate list of the party that nominated them.”

Author       : Sri Pujianti
Editor        : Nur R.
PR            : Muhammad Halim
Translator  : Tahlitha Laela/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.


Wednesday, September 13, 2023 | 16:18 WIB 80