The preliminary hearing for the judicial review of the Village Law, Thursday (8/8/2024). Photo by MKRI/Ilham W. M.

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JAKARTA (MKRI) — Nine village heads in North Musi Rawas Regency—Sundoyo, Cungh Wang, Sipirli, Jidi, Argani, Muhazoni, Madian, Paizal, and Abdul Wahid—have filed a material judicial petition of Article 118 letter e of Law No. 3 of 2024 on the Second Amendment to Law No. 6 of 2014 on Villages to the Constitutional Court (MK). The preliminary hearing for case No. 103/PUU-XXII/2024—presided over by Constitutional Justices Enny (panel chair, Anwar Usman, and Daniel Yusmic P. Foekh—took place on Thursday, August 8, 2024.

Article 118 letter (e) of the Village Law reads, “Village Heads whose term of office ends in February 2024 may be extended in accordance with the provisions of this Law.”

On behalf of the Petitioners, Sundoyo said based on the article, the Petitioners’ terms, which ended on February 2024, may be extended for two years. However, their terms were not extended and new officials were inaugurated after their terms had ended.

“In other regions, the terms ending in March and April were all extended. Ours, which ended in February 2024, were not. We would like justice for us,” said Sundoyo, who attended the hearing remotely.

In their petitums, the Petitioners request that their terms be extended following Article 118 letter (e) of the Village Law and the decree of the North Musi Rawas Regent (South Sumatera Province) on the stipulation of the extension of the Petitioners’ village heads’ terms be annulled.

Justice’ Advice

Constitutional Justice Anwar Usman asked the Petitioners to provide proof of the end of their terms to support their argument, as there is no issue with the norm itself.

“However, the issue is the implementation of the norm, so there needs to be more study through comparison with other regions whose [village heads’] terms were automatically extended,” he explained.

Meanwhile, Constitutional Justice Daniel Yusmic P. Foekh said the Village Law was promulgated on April 25, 2024 while the Petitioners’ terms had ended in February 2024. In this case, the transitional provision had not applied properly.

Next, Constitutional Justice Enny Nurbaningsih advised the Petitioners to explain their constitutional rights that had been violated by the enforcement of the norm, so that the loss to these rights guaranteed by the 1945 Constitution would be obvious. “Explain with an argument the uncertainty of Article 118 letter (e) of the Village Law. Therefore, in the reason behind the petition or the posita, then come into the petitums, following the procedure for judicial review in the Constitutional Court,” she explained.

At the end of the hearing, Justice Enny announced that the Petitioners would have 14 days to revise the petition and must submit a revised petition by Wednesday, August 21 at 09:00 WIB to the Registrar’s Office. 

Also read: Inauguration Delayed, 14 Elected Village Chiefs Challenge Village Law

Author            : Sri Pujianti
Editor             : N. Rosi
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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