Moch. Imam Djauhari, a student of the Constitutional Law Study Program of UIN Sayyid Ali Rahmatullah Tulungagung, submitting a revision to his petition regarding the judicial review of Article 53 Paragraph (2) letter a of Law Number 6 of 2014 concerning Villages (Village Law) to the Constitutional Court (MK). Photo by MKRI/Panji

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JAKARTA, HUMAS MKRI - Moch. Imam Djauhari, who is a student of the Constitutional Law Study Program of UIN Sayyid Ali Rahmatullah Tulungagung, attended the continued judicial review hearing of Article 53 Paragraph (2) letter a of Law No. 6 of 2014 concerning Villages (Village Law) at the Constitutional Court (MK) online. The second session of Case No. 78/PUU-XXII/2024, which was chaired by Deputy Chief Justice Saldi Isra with Justice M. Guntur Hamzah and Justice Arsul Sani, was held on Wednesday, August 14, 2024.

At this hearing, the Petitioner mentioned several revisions that had been made, including completing the personal data of the Petitioner; clarifying the authority of the Court in resolving the case a quo; changing the basis of testing to Article 1, Article 27 paragraph (2), and Article 28D of the 1945 Constitution of the Republic of Indonesia; legal position and constitutional losses of the Petitioner who was originally a student to become an individual Indonesian citizen.

“Then, in the Petitioner's posita, he wants a rearrangement of the dismissal period and the term of office for village officials. Yesterday, I wanted the term of office to be limited to a certain time now I am asking for rearrangement,” Imam said.

In the preliminary hearing, the Petitioner mentioned that Article 53 paragraph (2) letter a of the Village Law is considered contrary to the 1945 Constitution, particularly Article 1 paragraph (3); Article 28C paragraph (2); Article 28D paragraph (1), paragraph (2), paragraph (3); Article 28H paragraph (2); and Article 28I paragraph (2) of the 1945 Constitution. In the Petitioner's view, he is disadvantaged by the article because it is difficult to become a village official, even to take part in developing the community in his village, due to the term of office of village officials, which is not clearly regulated. According to the Petitioner, village governance can be said to be a miniature of the Indonesian state so that the village can be the closest political arena for the relationship between the community and the holders of power. Therefore, the government system can be made similar to the central government system.

By not specifically regulating the term of office of village officials, it is possible that village officials can serve for life. In addition, an imbalance of power between the village apparatus and the village head will arise because the term of office is not limited. This can then hamper and even disrupt the performance of the village head as well as create seniority due to older village officials who serve longer than the next (new) village head.(*)

Author : Sri Pujianti
Editor: Lulu Anjarsari P.
PR: Fauzan Febriyan

Translator: Rizky Kurnia Chaesario (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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