Determination of the Governor and Deputy Governor of DIY, according UUD 1945
Law Firm A. Irmanputra Sidin & Associates
Raden Mas Adwin Suryosatrianto as Abdi Dalem Kraton Ngayogyakarta authorizes us Irmanputra Sidin A. et al as Advocates and lawyers to defend kestimewaaan Yogyakarta Sultan Bertahkta concerning the establishment and the Duke of Paku Alam as a candidate / governor and deputy governor.
Today the Court finally issued a ruling granting the arguments our request as interested stakeholders on “lawsuit” from one of Surabaya citizens who questioned the constitutionality of the establishment of the Sultan on the throne as a candidate for governor and Duke Paku Alam as a candidate for Vice Governor of Yogyakarta (case No. 42 / PUU -XIV / 2016)
In his judgment, the Court has affirmed that the establishment of Sultan Enthroned as the candidate / governor and vice governor is final and binding because it was according to the constitution and democracy. That the state recognizes and respects the privilege of an area such as the mandate of Article 18 and paragraph (1) of the 1945 Constitution, and hence the legislators in this Parliament and the President as the embodiment of the phrase “elected democratically” in Article 18 paragraph (4) of the 1945 Constitution granted the authority to determine the appropriate way in the elections, including special areas and special.
That there was indeed a citizen’s rights are limited in filling the positions of governor and vice gubenru DIY but it is justified in Article 28J paragraph (2) of the 1945 Constitution and solely for recognition and penghomatan historical Sultanate Ngayogyaklarta Sultanate and Pakualaman and both have confirmed the constitutional by the Constitutional Court that has had the region, the government and the population before the birth of the Republic of Indonesia even has a great role and contribution to maintain, fill and maintain the integrity of the Republic. Thus these restrictions is a strong, reasonable and proportionate and not excessive.
Therefore, the model filling the positions of Governor and Vice Governor of Yogyakarta through the determination of the Sultan’s throne and adpati Paku Alam is part of a model of constitutional democracy in 1945 and this article has been blocked by the Constitutional Court so that there is no chance anymore to question the constitutionality of the positions are filled later in the future.