Constitutional Court Judge Cecar Democratic Politician Who Tested The Materials Of The DKJ Law So That The Mayor Was Elected Directly

Constitutional Justice Enny Nurbaningsih questioned the politician from the Democratic Party, Taufiqurrarahman, who submitted a request for judicial review of Law Number 2 of 2024 concerning the Special Region of Jakarta (DKJ Law).

According to Enny, the main point of Taufiqurrahman's petition seems to want the Court to make a new law, not to test the unconstitutionality of the article on a law.

"This seems like what you want to ask for is to make a new law, not a special Jakarta law," said Enny when giving advice to case applicant Number 75/PUU-XXII/2024 as reported by ANTARA, Tuesday, July 23.

In this case, Taufiqurrahman wants the Constitutional Court to regulate that the mayor or regent who leads the city/district in Jakarta is elected by the community.

In addition, he also wants the autonomous area in Jakarta to be implemented at the district/city level.

Regarding the request, Enny explained that administrative cities/districts in Jakarta are a consequence of Jakarta holding special regional status.

"If then want to be changed by principals, such as regions that carry out decentralization in general, yes, don't give nomenclature as a special area here," said Enny.

According to the judge, Taufiqurrahman must fully understand the DKJ Law. Enny also questioned the constitutional losses of the applicant due to the enforcement of the norms of the articles being sued.

One of the particularities is that one of them is the governor and deputy governor. The rest, the mayor/regent he was not elected. However, there are other devices too, the city/district DPRD was also not chosen. This is what needs to be seen in one unit, yes. Where is the loss then from this principle? " he said.

Enny said that the DKJ Law which regulates administrative city-level leaders is not directly elected by the people is the same as the specialties given to other regions, such as the Special Region of Yogyakarta (DIY).

"We are in DIY, coincidentally the Chairman (Suhartoyo) and I are both from DIY, until whenever we cannot nominate as governor because the governor does have to be specifically from the Sultanate," he said.

Therefore, according to Enny, the applicant needs to offer extraordinary legal arguments to convince the Constitutional Court to grant its request.

"It takes an extraordinary effort to convince where the conflict lies because the specificities are different. The specificities of Aceh, Papua, DIY are different, as well as specialities in the Special Region of Jakarta," added Enny.

In the petitum, the petitioner asks the Constitutional Court to state Article 1 paragraph (9), Article 6 paragraph (1), Article 13 paragraph (1), paragraph (2), and paragraph (4) letter a of the DKJ Law contradict Article 1 paragraph (2), Article 18 paragraph (4), and Article 28D paragraph (1) and (3) of the 1945 Constitution of the Republic of Indonesia.

In addition, Taufiqurrahman also asked the Constitutional Court to order the DPR together with the Government to form a law on autonomous cities/districts in the Special Region of Jakarta Province.

The inaugural trial was chaired by the Chief Justice of the Constitutional Court Suhartoyo accompanied by Constitutional Justices Enny Nurbaningsih and Arief Hidayat. The applicant was given advice and time to correct his application until August 5, 2024.