Jakarta (MidLand) – Constitutional Judge Enny Nurbaningsih has questioned Democratic Party politician Taufiqurrahman who filed a request for judicial review of Law No. 2 of 2024 regarding the Special Regional Province of Jakarta (DKJ Law).
According to Enny, the main point of Taufiqurrahman’s petition is that he wants the Court to promulgate a new law, not to verify the unconstitutionality of a law article.
“It seems that what we are asking for is to create a new law, not a specific law for Jakarta,” Enny said while advising the applicant for case number 75/PUU-XXII/2024 at the MK panel court, in Jakarta, on Tuesday.
In this case, Taufiqurrahman wants the Constitutional Court to establish that the mayor or regent who leads the city/district of Jakarta should be elected by the people. In addition, he also wants the autonomous region of Jakarta to be implemented down to the district/city level.
Regarding this request, Enny explained that the city/administrative district of Jakarta is a consequence of the fact that Jakarta has a special regional status.
“If the principal then wants to change it, like the regions that implement decentralization in general, then do not give the nomenclature here as a special region,” Enny said.
According to him, Taufiqurrahman must thoroughly understand the DKJ law. Enny also questioned the constitutional losses of the applicant due to the application of the provisions of the contested article.
“One of the peculiarities is that the elected (by the people) are the governor and the vice-governor. Apart from that, the mayor/regent is not elected. However, there are also other instruments, even the DPRD city/regency is not selected. This is what must be seen in a unit, yes. Where then is the loss from this capital?” He said.
Furthermore, Enny said that the DKJ law that regulates the administrative leaders of cities is not directly elected by the people, as well as the special conditions given to other regions, such as the Yogyakarta Special Region (DIY).
“We are in DIY, coincidentally the president (Suhartoyo) and I are both in DIY, at any time we cannot appoint a governor because the governor has to be specifically from the Sultanate,” he said.
Therefore, according to Enny, the appellant will have to offer extraordinary legal arguments to convince the Constitutional Court to accept his request.
“It takes an extraordinary effort to be able to ascertain where the conflict is because the specificities are different. “The specificities of Aceh, Papua and DIY are different, as are the specificities of the Jakarta Special Region,” Enny added.
In his application, the applicant requested the MK to declare that Article 1 paragraph (9), Article 6 paragraph (1), Article 13 paragraph (1), paragraph (2) and paragraph (4) letter a of the DKJ Act are contrary to Article 1 paragraph (2), Article 18 paragraph (4) and Article 28D paragraphs (1) and (3) of the NRI Constitution of 1945.
In addition, Taufiqurrahman also asked the Constitutional Court to order the DPR together with the government to draft a law on autonomous cities/regencies in the special region of Jakarta province.
The inaugural session was presided over by the head of the Constitutional Court Suhartoyo accompanied by constitutional judges Enny Nurbaningsih and Arief Hidayat. Applicants are being given advice and time to correct their application until 5 August 2024.
Read also: The applicant wants the Constitutional Court to regulate the conditions for the voluntary registration of Tapera participants
Read also: Chief Justice: Testing laws that haven’t been adopted yet is premature
Read also: Politicians sue MP over DKJ law because they want to become mayor
Reporter: Fatah Putra Mulya
Publisher: Guido Merung
Copyright © MidLand 2024
Quoted From Many Source
