Administrative Court Cancels Determination Of Muara Enim Deputy Regent Ahmad Usmarwi, South Sumatra Governor Invite DPRD To Submit Cassation

South Sumatra Governor Herman Deru inaugurated Ahmad Usmarwi Kaffah as Deputy Regent and Acting Regent of Muara Enim in Palembang, Wednesday, January 25, 2023 (ANTARA/M Riezko Bima Elko P)

South Sumatra Governor (Sumsel) Herman Deru invited the Muara Enim Regency DPRD to appeal the decision of the Palembang Administrative District Court (PTUN) before it was declared inkrah.

The Palembang Administrative Court previously canceled the decree (SK) on the determination of the Deputy Regent (Wabup) of Muara Enim, the remaining 2018-2023 term of office, Ahmad Usmarwi Kaffah.

"Please appeal. I remind the Muara Enim Regency DPRD, if it is not cassation, then the decision will be inkrah or permanent legal force," said Herman Deru, in Palembang, South Sumatra, Tuesday, May 9, confiscated by Antara.

On the other hand, Deru said that all parties must respect the decision at the appeal level of the Palembang Administrative Court Panel of Judges, which is solely part of democracy.

As Governor, he admitted that he is currently coordinating with the Ministry of Home Affairs to clarify the status of Kaffa, who has been appointed as Deputy Regent, as well as Acting Regent (Plt) Muara Enim.

"How will I know later, wait for instructions (Kemendagri) because there are rules that ethically require me to coordinate with Kemengadri," he said.

As previously known, Kaffa was elected Deputy Regent of Muara Enim in the XVII DPRD Muara Enim plenary meeting with 35 valid votes.

Based on the election results, the Muara Enim Regency DPRD issued Decree number 10 of 2022 dated September 6, 2022, which stipulated Kaffa as Deputy Regent of Muara Enim.

Then based on the decree, the Governor of South Sumatra Herman Deru appointed Kaffa as Deputy Regent of Muara Enim, as well as Acting Regent of Muara Enim, in Palembang, Wednesday, January 25, 2023.

The determination was made because the pair of regents-deputy deputy regents of Muara Enim previously stumbled on legal matters or corruption cases handled by the Corruption Eradication Commission (KPK).

However, the Decree of the Muara Enim Regency DPRD number 10 of 2022 was sued by local community groups to the Palembang Administrative Court a few weeks after the stipulation was made.

The lawsuit was filed by a community group on the grounds that the process for determining the Deputy Regent of Muara Enim was suspected of violating the regional head election law and the rules of the local DPRD.

Until finally, the Panel of Judges at the Palembang Administrative Court granted the plaintiffs' claims in its entirety, overturned the Palembang Administrative Court decision number: 263/G/2022/PTUN/PLG dated February 20, 2023 and declared the Muara Enim DPRD Decree number 10 of 2022 dated September 6, 2022 invalid.

A member of the plaintiff's legal team, Taufik Rahman, said that the decision of the Palembang Administrative Court had been submitted to related parties through an electronic trial, Thursday, May 4.

"This decision proves that all series of activities for the Muara Enim Deputy Regent Election carried out by the Muara Enim DPRD are invalid because they violate the Regional Head Election and DPRD's rules and regulations as referred to in the verdict," he said.