News-aceh. - Constitutional Court Appeals for Aceh

• The Constitutional Court (MK) in its final session on Thursday (11/1), in Jakarta, granted a judicial review of Law Number 7 Year 2017 regarding General Election. The two articles of the law, namely Article 557 paragraph (2) and Article 571 letter (d) are declared contradictory to the 1945 Constitution and have no binding legal force.

Article 557 of the General Election Law provides for the institutionalization of elections in Aceh and Article 571 (d) contains the revocation of Article 57 and Article 60 of the Law on Governing Aceh or the LoGA.

The request for judicial review was submitted independently by the Chairman of Aceh's House of Representatives, Tgk H Muharuddin SSosI, and two members of the Aceh House, Kautsar from Aceh Party (PA) and Samsul Bahri bin Amiren from the Aceh Nanggroe Aceh Party (PNA).

In a separate file, the petition filed by two members of the Aceh KIP, Hendra Fauzi, Robby Syahputra, and Firmansyah SSos, Aanggota KIP Kabupaten Pidie Jaya, and Chairul Mukhlis, KIP Member of North Aceh stated blurred. An applicant in the same application file, Ferry Munandar, is declared to have no legal standing in the petition. However, in the materials of the lawsuit, the petitioners also filed suit against Article 557 and Article 571 of the Election Law.

The Assembly declared that although the institution of elections in Aceh (in casu KIP Aceh, district / city KIP, Aceh Election Supervisory Committee, Regency / City Election Supervisory Committee in Aceh) is not part of Aceh's special privileges, but the historical context of its existence shall be respected in this respect, in particular with regard to its name, membership composition, and its filling procedure.

The Assembly declares that if any changes are to be made regarding the name or composition of its membership, the process or procedure requires consultation and consideration of the DPRA, as provided in Article 8 paragraph (2) juncto Article 269 Paragraph (3) of the LoGA, "the Assembly said.

The Assembly underlined that the institutionalization of elections in Aceh is an integral part of the national election organization. It is important to emphasize that there is no question or doubt about the constitutional basis of the granting of its authority as an election organizer, namely the election of members of the DPR, DPD and DPRD, as well as the Presidential and Vice Presidential Election as referred to in Article 22E Paragraph (2) of the 1945 Constitution.

Therefore, changes to it in the future are possible if there is a need for that which is not just about changing the name and / or composition of membership. However, the amendment was made in accordance with the consultation process and the DPRA's consideration.

Present at the trial of the applicants accompanied by their respective attorneys, related parties Muhammad AH, Commissioner KPU, and attorney of the President. The trial was also witnessed by a number of Aceh DPR members, as well as members of the House of Representatives from Dapil Aceh, Firmandez SE.

Strengthen specificity

Legal expert from Syiah Kuala University (Unsyiah), Dr M Jafar SH MHum said the Court's decision has given high confidence and strengthen the specificity of Aceh in describing and implementing the LoGA. This judgment is considered important because so far the central government, especially the ministry not all recognize that the LoGA as a law that is lex specialist.

"I think this can give more confidence to Aceh in describing and implementing the LoGA and compiling all its derivatives and applying in all life to the community. I think it's a big win for Aceh that the BAL has been recognized by the constitution as a lex specialist,

"With the issuance of the Constitutional Court's decision, the special one is LoGA and the general one is the nationally enacted Election Law. So, the success of this verdict is, because the Constitutional Court has acknowledged UUPA as a special law that has a stronger position than other laws,

Therefore, with the decision of the Constitutional Court, the authority of Aceh in recruiting and determining the number of KIP Aceh and KIP members of the regency / city is still as usual, namely Article 57 of BAL. With the authority of the DPRA, Jafar hopes to be used to create an independent Aceh KIP institution in Aceh.

"Because this is already in our hands, then the opportunity for us to maintain and empower the existence of this institution, because in terms of recruitment has nothing to do with the center. So is the number of members, still referring to the LoGA, seven people for the provincial KIP and five people for the district / city KIP,

Stop recruitment

Chairman of the DPRA, Tgk Muharuddin called the granting of the judicial review request as a victory of the people of Aceh in defending the BAL. Following the decision of the Constitutional Court, Tgk Muharuddin asked the KPU to immediately stop the process of recruitment of members of the KPU is now underway. "Stop the recruitment process, because recruitment will be done by DPRA and DPRK as usual," said Tgk Muharuddin.

He appreciated the Court's decision which he said was very advanced because it gave confirmation that any changes concerning the LoGA must be done through consultation and consideration of the DPRA. Therefore, in the future, DPR RI or central government can not recommend changing the LoGA, except after consultation and get the DPRA consideration.

Back to Aceh

Kamaruddin SH, attorney of Kautsar and Samsul Bahri, stated that the authority of the Acehnese has been returned to the DPRA. "Therefore, the whole process of elections in Aceh is handled by the DPRA and DPRK, as before," said Kamaruddin, who is also nicknamed "UUPA lawyer", as he most often defends the UUPA in the Constitutional Court.

Kamaruddin said that the granting of the petition of the petitioners either filed by the Chairman of the DPRA or by two members of the DPRA, Kautsar and Samsul Bahri as well as by members of KIP Aceh and KIP Aceh Utara and KIP Pidie Jaya, is a form of assertion that the LoGA should not be changed without consideration DPRA. "All this is of course thanks to the prayers of all the people of Aceh. We as lawyers only as a tongue only in the courtroom,
Subdue and obedience

Responding to the Constitutional Court's decision, KPU Commissioner Ilham Saputra said it would obey and obey the Court's decision. "What is decided, that's what we follow," said Ilham who was present in the courtroom representing the KPU.

Mentioned, the rules of the KPU which has been issued based on the reference of the Election Law, then With post-MMS decision, will be adjusted again. "Immediately we adjust to what the Court ordered," said Ilham who is also the former Vice Chairman of KIP Aceh.