Petitioner Taufiqurrahman attending a decision pronouncement hearing of judicial review of Law No. 2 of 2024 on the Special Region of Jakarta Province, Thursday (12/09/2024). Photo by MKRI/Ifa.

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JAKARTA, HUMAS MKRI - The Constitutional Court (MK) decided that it could not accept the petition for judicial review of Article 1 number (9), Article 6 paragraph (1), Article 13 paragraph (2), paragraph (3), and paragraph (4) letter a of Law No. 2 of 2024 on the Special Region of Jakarta Province (DKJ Law). This petition was filed by the Chairman of the Central Jakarta Democratic Party Branch Leadership Council (DPC), Taufiqurrahman, who wants to become the Mayor of Central Jakarta, elected by the people through regional head elections (pilkada) but is hindered by the enactment of these articles.

“The verdict, to adjudicate and declare that the Petitioner's petition is inadmissible,” said Chief Justice Suhartoyo, reading out the decision No. 75/PUU-XXII/2024 in a hearing held at the Constitutional Court on Thursday, September 12, 2024.

In the preliminary hearing with the agenda to hear the main points of the petition and examine the sufficiency and clarity of the petition held on Tuesday, July 23, 2024, at 13.30 WIB, the Court gave advice to the Petitioner. One of the advice from the Court is that the Petitioner should examine and improve the explanation of the petition in accordance with Constitutional Court Regulation No. 2 of 2021 and the prevalence of procedural practice in law review cases.

Petitum Unclear

According to the Court, the formulation of the petitum submitted by the Petitioner in the revision of the petition is unclear or obscure (obscuur) despite the reason for the conflict between the norms petitioned for review and the 1945 Constitution have been explained. However, the Petitioner does not clearly mention the subject matter of the petition for constitutional review.

In court practice, accuracy and thoroughness in drafting a petition is a crucial aspect because it is not only related to the fulfillment of the formal procedural requirements of the procedural law but also to ensuring that the sequence of descriptions of facts, law, and arguments as well as the purpose of the petition can be understood clearly and precisely. The Petitioner also did not use the opportunity to submit a renvoi on the petition until before the hearing to examine the correction of the petition and the validation of evidence held on August 6, 2024.

“Based on this, the lack of accuracy and thoroughness in the preparation of the petition causes the petition to be unclear or obscure,” said Justice Daniel Yusmic P Foekh in a decision pronouncement hearing attended by nine constitutional justices on Thursday, September 12, 2024.

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For information, the Petitioner intends to exercise his right to be elected as Mayor of Central Jakarta, in accordance with the Petitioner's domicile and the Petitioner's capacity as Chairman of the Central Jakarta Democratic Party DPC, in the simultaneous regional elections in 2024 as an embodiment of Article 28D paragraph (3) of the 1945 Constitution. However, the Petitioner cannot be elected because the mayor in the Special Region of Jakarta Province is not elected through regional elections but is appointed by the Governor of the Special Region of Jakarta Province. This is because Law No. 2 of 2024, specifically in the provisions of Article 13 paragraph (3), states: “Mayor/Regent as referred to in paragraph (2) shall be appointed and dismissed by the Governor”.

 The Petitioner requested that the mayor/regent, as the head of an autonomous region, be given the authority to organize and manage the government independently. In addition to the province, the Petitioner also requested that the administration of the district/city government in the province of Special Region of Jakarta is an autonomous region based on decentralization.

Author: Mimi Kartika.

Editor: N. Rosi.

PR: Fauzan F.

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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