Deduction Of Term Of Office Of Regional Head Sued To MK, Bima Arya: There Is An Vacancy Of Normas

Bogor Mayor Bima Arya Sugiarto At The Jakarta Constitutional Court Session, November 13 (doc Bogor City Government)

BOGOR - Mayor of Bima Arya became one of the applicants in the judicial review of the Pilkada Law to the Constitutional Court (MK). The inaugural hearing with the agenda of this preliminary examination was chaired by Constitutional Justice Suhartoyo, last Wednesday.

Apart from Bima Arya, other applicants in this case include Murad Ismail (Governor of Maluku), Emil Elestianto Dardak (Vice Governor of East Java), Dedie A. Rachim (Deputy Mayor of Bogor), Marten A. Taha (Mayor of Gorontalo), Hendri Septa (Mayor of Padang), and Khairul (Mayor of Tarakan).

The petitioners questioned the norms of Article 201 paragraph (5) of the Pilkada Law which reads Governor and Deputy Governor, Regent and Deputy Regent, as well as the Mayor and Deputy Mayor of the 2018 Election results will serve until 2023.'

"Regarding the material of our first lawsuit that we have conducted in-depth discussions and analysis, ensuring that this is a vacancy in norms. This means that what is regulated in the 2016 Pilkada Law article 201 is more about the election time. It does not explain the term of office. We are the 2018 Pilkada, and have just been inaugurated in 2019 which is our initial term of office. We see the vacancy in norms," said Bima Arya, in his statement, Thursday, November 16.

It was explained that the norm of the article had violated the constitutional rights of the applicants as elected regional heads. The term of office of the regional head has been cut because it has not even been 5 years in office since it was inaugurated in 2019.

For example, Maluku Governor Murad Ismail was sworn in on April 24, 2019, which should end April 24, 2024. If he served until 2023 as regulated by the norm of article a quo, his term of office would be cut for approximately 4 months.

East Java Deputy Governor Emil Dardak who was sworn in on February 13, 2019, his term of office was cut for approximately 2 months. Mayors and Deputy Mayors of Bogor, Bima Arya and Dedie A Rachim were sworn in on April 20, 2019, whose term of office was cut for approximately 4 months.

"Mr. Marten Taha (Mayor of Gorontalo) is the end of his term of office, which should be in June 2024. His position should be cut by 6 months. So, there needs to be an explanation or constitutional interpretation from the Constitutional Court so that our constitutional rights are not injured," said Bima Arya, who also serves as Chair of the Association of Indonesian City Governments (APEKSI).

Another point that is no less important, said Bima, is the matter of completing work programs to political promises. "We have to ensure the continuity of development planning in the political year. So there is a long-term development plan for 2020-2045 that we have to evaluate and decide. So if it is done by the Acting (PJ) it is certainly different," he explained.

According to the petitioner, PJ filling is something that is valid in government administration, but the petitioner asks that there be legal certainty regarding the term of office of the regional head which has not expired 5 years from the inauguration, and has not passed November 2024 as a schedule for simultaneous regional elections.

Meanwhile, the Petitioner's attorney from Visi Law Office Donal Fariz, said that the petition made by the petitioners was not in order to add more terms of office. Because for them a sufficient term of office of 5 years, the Law has regulated, the proportionality has been done. Moreover, he has two terms. He asked the Constitutional Court to interpret the article as a full term of office of the applicants for 5 years, "he explained.

This is a problem of norms that can be shown in the evidence we submitted. There is a different interpretation, the SK SK of the applicants explicitly states that it ends in 2024. But recently we have seen a statement at the Ministry of Home Affairs that will immediately carry out a selection process for filling positions so that officials (PJ) are elected in December 2023. This problem has a different problem. This problem is solved with a constitutional path in the Constitutional Court so that it provides the best interpretation as we ask for, "explained Donal.

The next trial will be held with the agenda of accepting the petitioners' improvements. Lawyers and applicants are given time for repairs no later than Tuesday, November 28, 2023. If it can be faster, it can be scheduled to accept the trial agenda more quickly," concluded Constitutional Justice Suhartoyo.