Acting General Director of Politics and General Governance of the Ministry of Home Affairs, Syarmadi, representing the government in delivering a statement during the material judicial review hearing of Law Number 3 of 2024 on Village, Wednesday (09/10) at the Plenary Courtroom. Photo by MKRI/Ifa

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Jakarta, MKRI—The Constitutional Court held another material judicial review hearing of Article 118 letter e of Law Number 3 of 2024 on the Second Amendment to Law Number 6 of 2024 on Village (Village Law) against the 1945 Constitution. Case Number 92/PUU-XXII/2024 was filed by fourteen village heads-elect during a simultaneous village heads election on Konawe Selatan Regency on September 24, 2024.

The Petitioner argued that the enactment of Article 118 letter e of Village Law regulated the extension of village heads whose terms ended until February 2024, which caused them real and factual constitutional harm.

Article 118 letter e of Village Law reads,” Village Heads whose terms of office expire until February 2024 may be extended in accordance with the provisions of this Law.”

The agenda of the hearing was to hear testimonies from the President (government) and the House of Representatives. During the pleanary hearing presided over by Chief Justice Suhartoyo, the government, represented by Acting General Director of Politics and General Governance of the Ministry of Home Affairs, Syarmadi, stated that the amendment to Law Number 6 of 2014 was, among others, based on aspirations from village heads to the House which declared that the term of office as provided on Law Number 6 of 2014 is six years dan can be extended three times was deemed to be tiresome.

“It is because the period is too short compared to the responsibilities that the village heads must undertake in leading the village. Also, according to the village heads, the political issue in the village after the election was still there and inconducive; moreover, the political cost was very high. Therefore, village heads through the Indonesia Village Administrations Association Institution (APDESI) voiced their aspirations regarding the term extension to be nine years and may be extended two times,” Syarmadi mentioned.

Syarmadi then explained that the article said, “Village Heads whose terms of office expire until February 2024 may be extended in accordance with the provisions of this Law.” This meant that village heads whose terms of office expire in February until the enactment of Law Number 3 of 2024 have the right to receive a two-year term extension as provided by Law Number 3 of 2024. What is meant by “whose terms of office expire until February is starting to end since February. The article may not be interpreted by  cutting phrases or stop at the phrase “until”, but it must be interpreted since phrase “term of office expire until February so it apply to those whose terms expire since February, instead of before February.

“The village heads term extention does not contradict constitutionalism because it is still within the corridor of power limitation. The determination of village heads terms of office from 6 (six) to 8 (eight) months is important for the sustainability of the village development to achieve village community prosperity. Besides, village heads' term extension also gives benefits, among others. First, the longer term provides leadership stability in the village and enables village heads to focus on long-term programs and finish postponed programs. Second, to avoid political turmoil after the village heads election and prevent tension during the election,” he explained.

Irrelevant

According to Syarmadi, the reason the Petitioners submitted the judicial review petition of Article 118 letter e of Law Number 2 of 2024 is not relevant. The consideration is that Law Number 3 of 2024 clearly states that village heads whose terms of office expire in February 2024 cannot be extended. Hence, February 2024 became the starting point for village heads to receive extensions.

Syarmadi further stated that the postponement of the simultaneous village head election in 2024 was meant to support the success of the 2024 Simultaneous General and Local Election. It has nothing to do with the amendment of Law Number 6 of 2014. In addition, simultaneous village head elections are under the authority of city/regency governments by considering the grouping of village heads' terms of office, local funding, and the availability of civil servants within the city/regency.

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Previously, the Petitioners' legal counsel, Andri Darmawan, stated in the preliminary hearing held at the Court on Tuesday, August 6, 2024, that the enactment of Article 118 letter e of the Village Law caused the Petitioners to be unable to be inaugurated as Village Heads by the Regent of South Konawe on April 30, 2024. This is due to the issuance of a letter from the Minister of Home Affairs Number 100.3.5.5/1747/BPD dated April 26, 2024, which basically confirms that with the enactment of Article 118 letter e of the Village Law, which essentially requests the Regent of South Konawe to extend the term of office of the Village Head for 2 (two) years for the Village Head whose term of office expires on April 30, 2024 and postpone the inauguration of the 96 elected village heads until the end of the term of office of the current village head. So that the inauguration of the Petitioners as Village Heads by the Regent of South Konawe is not held or canceled.

Andri revealed that the Petitioners, as elected Village Heads in the Simultaneous Pilkades in South Konawe District on September 24, 2023, are entitled to be inaugurated as Village Heads with a term of office of 8 (eight) years based on the provisions of Article 118 e of the Village Law.

In their petitum, the Petitioners request that the Court declare Article 118 letter e of the Village Law to be contrary to the 1945 Constitution and to have no binding legal force if it is not interpreted as “The Village Head whose term of office ends until April 2024 may be extended in accordance with the provisions of this Law as long as the village head election has not been held and the village head election results determined.” Thus, the norm of Article 118 letter e should be amended to read, “The Village Head whose term of office ends until April 2024 may be extended in accordance with the provisions of this Law as long as the village head election has not been held and the results of the village head election have not been determined.

 

Author: Utami Argawati.

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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