Petitioner's Legal counsel, Safaruddin, attending the judicial review hearing of Law No. 11 of 2006 on the Aceh Government, case No. 40/PUU-XXIII/2025, Wednesday (5/14/2025). Photo by MKRI/Bayu.

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JAKRTA (MKRI) - The Constitutional Court (MK) held a hearing for Case Number 40/PUU-XXIII/2025 concerning the judicial review of Law Number 11 of 2006 concerning the Government of Aceh (Aceh Government Law), on Wednesday (14/5/2025) in the MK Courtroom. The petition was filed by five keuchik (village heads) in Aceh, namely Venny Kurnia, Syukran, Sunandar, Badaruddin, and Kadimin.

The Petitioners are testing the constitutionality of Article 115 paragraph (3) of the Aceh Government Law which states, “The village is led by a keuchik who is directly elected from and by members of the community for a term of office of 6 (six) years and can be re-elected for only one subsequent term of office”.

In the hearing led by Constitutional Justice Arsul Sani, the Petitioners’ legal counsel, Safaruddin explained that in the legal position there was a slight improvement regarding constitutional losses. "There are two constitutional rights that have been violated, the first is potential constitutional rights, so Principal 1 and Principal 2 are concerned will end their term of office in 2030. Then we also divided them into Principal 3, 4 and 5, their constitutional (rights) were actually violated as their terms of office have ended in 2024," he explained.

Next, added the reason for the petition, "The process of friends in Aceh wanting the implementation of the Law has started since March by writing to the Aceh government, then writing to the Aceh DPRD, then having a meeting, a letter was issued from the Acting Governor and the Aceh DPRD supporting the implementation of the Village Law in Aceh," said Safaruddin.

Also read: Keuchik in Aceh Request Term of Office to Extension to Eight Year

Previously, the Court held a preliminary hearing for Case Number 40/PUU-XXIII/2025 concerning the judicial review of Law Number 11/2006 of Aceh Government Law on Monday (28/4/2025) in the Constitutional Court Courtroom. The petition was filed by five keuchik (village heads) in Aceh, namely Venny Kurnia, Syukran, Sunandar, Badaruddin, and Kadimin. The Petitioners are testing the constitutionality of Article 115 paragraph (3) of the Aceh Government Law which states, “The village is led by a keuchik who is directly elected from and by members of the community for a term of office of 6 (six) years and can be re-elected for only one subsequent term of office”.

The Petitioner's legal counsel, Febby Dewiyan Yayan explained that Article 115 paragraph (3) Aceh Government Law was deemed to have eliminated the constitutional rights of the Petitioners as regulated in Article 27 paragraph (1), Article 28D paragraphs (1) and (3), and Article 28I paragraph (2) of the 1945 Constitution. Febby explained that if we pay attention to the legal considerations of the Constitutional Court Decision Number 92/PUU-XXII/2024 dated January 3, 2025, as well as changes stated in Law Number 3 of 2024 concerning the Second Amendment to Law Number 6 of 2014 concerning Villages, the term of office of the village head has been regulated for 8 years and can be re-elected once. 

"Law Number 3 of 2024 and Constitutional Court Decision Number 92/PUU-XXII/2024 apply nationally, including for Aceh, since its enactment. However, the implementation of the term of office is hampered by the provisions of Article 115 paragraph (3) of the Aceh Government Law," said Febby.

She added that the Aceh People's Representative Council (DPRA) through letter Number 161/1378, and the Aceh Government through letter Number 400.14.1.3/11532 dated September 23, 2024 signed by the Acting Governor of Aceh, Safrizal, have stated that they have no objection to the implementation of the Village Law in Aceh. However, the existence of Article 115 paragraph (3) of the Aceh Government Law remains in effect until there is a Constitutional Court decision stating otherwise. Febby emphasized that the authority to declare a norm in a law to be contrary to the 1945 Constitution and not have binding legal force lies with the Constitutional Court.

Based on these reasons, the Petitioners in his petition asked the Constitutional Court to declare Article 115 paragraph (3) of the Aceh Government Law contradicts the 1945 Constitution and has no binding legal force as long as it is not interpreted as "The village is led by a keuchik who is directly elected from and by community members for a term of 8 (eight) years and can only be re-elected for one subsequent term of office".

Read full Petition for Case Number 40/PUU-XXIII/2025 here.

 

Author: Utami Argawati.

Editor: N. Rosi

Public Relations: Raisa Ayuditha Marsaulina.

Translator : SO (YS)

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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