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MK’s Advice to Plaintiff Requesting Anies Department to Be Extended

Jakarta

The Constitutional Court (MK) advised the plaintiff who requested that Anies Baswedan’s term as Governor of DKI Jakarta be extended. The Constitutional Court in this case has not been able to see the constitutional losses in this lawsuit.

As is known, two Jakarta residents, A Komarudin and Eny Rochayati, requested that Anies Baswedan’s term as Governor of DKI Jakarta be extended. Papuans also sued that the term of office of regional heads in Papua could be extended.

They tested Article 201 paragraph (9) of the Election Law which reads:

To fill the vacant positions of Governor and Deputy Governor, Regent and Deputy Regent, as well as Mayor and Deputy Mayor whose term of office ends in 2022 as referred to in paragraph (3) and whose term of office ends in 2023 as referred to in paragraph (5), an official shall be appointed. Governor, acting Regent, and acting Mayor until the election of the Governor and Deputy Governor, Regent and Deputy Regent, and Mayor and Deputy Mayor through national simultaneous elections in 2024.

Also Article 201 paragraph 10:

To fill the vacant position of the Governor, an acting Governor is appointed from the middle high leadership position up to the inauguration of the Governor in accordance with the provisions of the legislation.

To fill the vacant position of Regent/Mayor, an acting Regent/Mayor is appointed from high-ranking pratama positions up to the inauguration of the Regent and Mayor in accordance with the provisions of the legislation..

The petitioner requested the Court to state Article 201 paragraph 9 and the Explanation of Article 201 paragraph 9, Article 201 paragraph 10, and paragraph 11 of Law Number 10/2016 constitutional conditional. The above article by the applicant to be interpreted:

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1. There are provisions regarding the mechanism for filling democratic regional heads
2. Candidates for acting regional heads have the highest legitimacy and acceptance from the community
3. Is a native Papuan for the acting regional head in the Provincial Government of Papua and West Papua and the regency/municipal government in Papua and West Papua
4. Through an assessment process that takes into account the proposals and recommendations of the Papuan People’s Assembly, the Papuan People’s Representative Council, DPRD, religious leaders and the community.
5. There are clear provisions regarding the requirements for the extent to which the roles, duties and authorities of the appointed regional heads are
6. Able to extend the term of office of the district head who is serving and/or expires his term of service in 2022 and 2023
7. Not from the Indonesian National Police and Armed Forces; and
8. Independent and does not represent certain political interests of the President or the central government

See also the video ‘Anies Says about the ‘President’ Shouted After Lecture at UGM’:

[Gambas:Video 20detik]

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