Gustika Fardani Jusuf along with a number of parties has sued the president Joko Widodo (Jokowi) and Minister of the Interior Titus Karnavian by appointment 88 interim regional head. However, the defendant felt that Gustika et al’s suit was far-fetched.
Gustika Fardani Jusuf he is the nephew of the first vice president of the Republic of Indonesia, Mohammad Hatta. The lawsuit was filed in the Jakarta State Administrative Court (PTUN). In SIPP PTUN Jakarta, besides Gustika, there are four other plaintiffs.
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 during the period from 12 May 2022 to 25 November 2022 which could contain elements of abuse of power”, reads the petitum of the seen case, Friday (2/12).
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 May 12, 2022 to November 25, 2022 which contains elements of abuse of power and conflict of interest,” the suit reads.
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, in combination with the decision of the Constitutional Court number 67/PUU-XIX/2021, dated April 20, 2022 in conjunction with the decision of the Constitutional Court number 15/PUU-XX/2022 is an unlawful act of an entity/ government official (Onrechtmatige Overheidsdaad);
3. Holds that the government 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): 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 issuance of implementing regulations subsequent to the entry into force of art. 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. Constitutional Court decision number 67/PUU-XIX/2021, dated 20 April 2022 in combination with Constitutional Court decision number 15/PUU-XX/2022 is an unlawful 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 n. 67/PUU-XIX/2021, of 20 April 2022 in conjunction with the Judgment of the Constitutional Court n. 15/PUU-XX/2022;
5. Declare the acts of ACCUSED I and ACCUSED II null and void in the appointment and installation of 88 (eighty-eight) Acting Regional Heads: Acting (acting) Provincial Governors of 7 (seven) persons, acting (acting functions) ) Mayors 16 (sixteen) persons, and the Acting (Acting) Regent of 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 the first issuing of implementing regulations following the entry into force of art. 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 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.
Ministry of the Interior Rates Absurd lawsuit
The Home Ministry (Kemendagri) admits it is ready to address the lawsuit filed by Gustika Hatta et al against the interim regional head. On the other hand, Gustika et al’s lawsuit is considered unreasonable.
“If other civil societies are not satisfied and then file another case with the Administrative Court, we, the Ministry of Home Affairs, are certainly ready to take on the case,” said the Minister of Home Affairs’ Special Staff for Policy and media Kastorius Sinaga in his written statement, Saturday (3/12/2022).
Kastorius said the Ministry of Internal Affairs is open to discussing the regulations for appointing the interim regional head. However, he said, the Interior Ministry also respects the cause.
