The Petitioners and their legal counsels at the panel preliminary hearing for case No. 73/PUU-XXII/2024, Monday (7/15/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — Four individual citizens have petitioned for the material judicial review of Article 7 paragraph (2) letter o of Law No. 10 of 2016 on the Election of Governors, Regents, and Mayors into Law (Pilkada Law) to the Constitutional Court (MK). The provision contains the requirement of no previous term in office as a regional head for candidates of deputy regional head in the same region.

“[The provision] has led to discrimination, in our opinion, and in the end it disregards human rights,” said the Petitioners’ legal counsel Firman Hasurungan Simanjuntak at the panel preliminary hearing for case No. 73/PUU-XXII/2024 on Monday, July 15, 2024.

Article 7 paragraph (2) letter o of the Pilkada Law reads, “… o. has never been a Governor for candidates for Vice Governor, or Regent/Mayor for Candidates for Vice Regent/Vice Mayor in the same region.”

The Petitioners are John Gunung Hutapea, Deny Panjaitan, Saibun Kasmadi Sirait, and Elvis Sitorus (Petitioners I-IV). They believe said article is unconstitutional.

They asserted that the provision does not give the same and equal treatment to citizens and has impaired the justice that the people long for, including the Petitioners, who wish to be candidates in the 2024 regional election.

They argued that the provision has led to only those who have no prior experience as regional heads to be nominated as or run for candidates for deputy regional head, while former regional heads who have prior experience are not given the opportunity to be candidates for deputy regional head.

In the petitum, the Petitioners request that the Court annul Article 7 paragraph (2) letter o of the Pilkada Law or at least declare it not legally binding.

Justices’ Advice

The hearing was presided over by Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices Asrul Sani and Anwar Usman. Justice Arsul asked whether the Petitioners have had been in office as a regional head. Firman said they have not.

“If [so], I see that in point 10 it is said that the Petitioners as individual Indonesian citizens [have been restricted from] nominating and being nominated [as candidates]. [They have not been restricted from] being nominated since they have not been candidates, so there is no constitutional impairment,” he said. He advised the Petitioners to convince the constitutional justices by explaining their potential constitutional impairment individually in relation to their wish to be candidates for regional head or the deputy.

Before concluding the hearing, Deputy Chief Justice Saldi Isra announced that the Petitioners would have 14 days to revise the petition and that the petition should be submitted to the Registrar’s Office no later than July 29 at 13:00 WIB.

Author            : Mimi Kartika
Editor            : Lulu Anjarsari P.
PR                 : Raisa Ayuditha Marsaulina
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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