Jakarta –
Gustika Fardani Jusuf, granddaughter of the first vice president of the Republic of Indonesia, Mohammad Hatta, denounced President Joko Widodo and Home Affairs Minister Tito Karnavian. Gustika opposed the inauguration of 88 interim regional heads.
The lawsuit was filed in the Jakarta State Administrative Court (PTUN). Judging by the SIPP PTUN Jakarta, in addition to Gustika, there are four other defendants. They are Adhito Harinugroho, Lilik Sulistyo, Suci Fitriah Tanjung and the Association for Elections and the Foundation for Democracy (Perludem).
The defendants were written by the President of the Republic of Indonesia and the Minister of Internal Affairs of the Republic of Indonesia. This case is registered under case number 422/G/TF/2022/PTUN.JKT.
“Stating that the governmental actions taken by Defendant I and Defendant II took the form of carrying out a series of actions to appoint and inaugurate 88 interim (interim) regional heads: 7 interim governors of the province, 16 mayors ad interim and 65 interim regents in the period from 12 May 2022 to 25 November 2022 which may contain elements of abuse of power (power abuse),” said the petitum of the lawsuit as seen, on Friday (2/12/2022).
Gustika and others also demanded that the Jakarta Administrative Court Judges annul the inauguration of 88 interim regional chiefs.
“Declaring the annulment or invalidity of the actions of defendant I and defendant II in the appointment and inauguration of 88 acting regional heads (interim): acting provincial governors of 7 people, acting mayors of 16 people and interim regents of 65 persons during the period from 12 May 2022 to 25 November 2022 which contains elements of abuse of power (power abuse) and conflicts of interest,” the lawsuit states.
Below is the full petitum of the lawsuit by Gustika et al:
1. I upheld the plaintiff’s action in its entirety;
2. Government actions alleged in the form of failure by the ACCUSED I who failed to carry out a series of government actions to issue implementing regulations following the application of Article 201 paragraphs (9), (10) and (11) of the law n. 10 of 2016 as required by the provisions of article 205 C of Law no. 10 of 2016, junco Judgment of the Constitutional Court number 67/PUU-XIX/2021, of 20 April 2022 junco Constitutional Court decision number 15/PUU-XX/2022 is an illegal act by a government agency/official (Onrechtmatige Overheidsdaad);
3. Holds that the governing acts undertaken by Accused I and Accused II resulted in the execution of a series of acts to appoint and inaugurate 88 (eighty-eight) acting regional heads: acting provincial governors (acting) of 7 (seven) persons, Acting Mayors (acting) up to 16 (sixteen) persons and Acting Regents (acting) up to 65 (sixty-five) persons in the period from 12 May 2022 to 25 November 2022 which has the potential to contain elements of abuse of power (abuse of power) because it was carried out without the first issue of implementing regulations subsequent to the entry into force of art. 201 paragraphs (9), (10) and (11) of the law n. 10 of 2016 as required by the provisions of article 205 C of Law no. 10 of 2016, jo. Judgment of the Constitutional Court number 67/PUU-XIX/2021, of 20 April 2022 junco Constitutional Court decision number 15/PUU-XX/2022 is an illegal act by a government agency/official (Onrechtmatige Overheidsdaad);
4. Ordered ACCUSED I to carry out a series of governmental actions to issue implementing regulations following the entry into force of article 201 paragraphs (9), (10) and (11) of Law No. 10 of 2016 as required by the provisions of article 205 C of Law no. 10 of 2016, jo. Judgment of the Constitutional Court number 67/PUU-XIX/2021, of 20 April 2022 junco Judgment of the Constitutional Court number 15/PUU-XX/2022;
5. Declare null and void the actions of ACCUSED I and ACCUSED II in appointing and installing 88 (eighty-eight) Acting Regional Heads: Acting (acting) Provincial Governors of 7 (seven) persons, Acting (acting) ) Mayors 16 (sixteen) persons, and the Regent (Acting) 65 (sixty five) persons in the period from May 12, 2022 to November 25, 2022 which contained elements of abuse of power (abuse of power) and conflicts of interest because it took place without first issue of implementing regulations following the entry into force of art. 201 paragraphs 9, 10 and 11 of the law n. 10 of 2016 as required by the provisions of article 205 C of Law no. 10 of 2016, jo. Judgment of the Constitutional Court n. 67/PUU-XIX/2021, of 20 April 2022, in conjunction with the Judgment of the Constitutional Court n. 15/PUU-XX/2022;
6. Order the DEFENDANTS to pay the costs of the matters arising in this case.
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(zap/dhn)
