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Chairman of the General Election Commission (Komisi Pemilihan Umum –KPU) Husni Kamil Manik as Related Party delivers testimony at judicial review session on Act of Regional Elections, on Tuesday (8/9), at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

Chairman of the General Election Commission (Komisi Pemilihan Umum –KPU) Husni Kamil Manik says the implementation of 2015 regional elections is conditional implementation. Election could be done on the time stipulated by law if the terms and conditions unfulfilled.

Manik delivers the statement at further judicial review session on Act Number 8 Year 2015 of Act Amendment Number 1 Year 2015 of Government Regulation-in-lieu-of-law Stipulation Number 1 Year 2014 of Governor, Regent, and Mayor Elections Enacted to Law –later known as Act of Regional Elections (Undang-Undang Pilkada), on Tuesday (8/9), at Plenary Room, the Constitutional Court Building. According the KPU, conditional regional elections implementation is regulated in Article 120 Act of Regional Elections which stated, ‘In terms of riots, security threats, natural disasters, or other problems occurred in part or whole electoral region causing most of regional election stages cannot be done, advanced election shall be conducted,’ (‘Dalam hal sebagian atau seluruh wilayah pemilihan terjadi kerusuhan, gangguan keamanan, bencana alam, atau gangguan lainnya yang mengakibatkan sebagian tahapan penyelenggaraan pemilihan tidak dapat dilaksanakan, maka dilakukan pemilihan lanjutan’) 

“The condition when less than two candidate pairs registered in regional election meets the category as ‘other problems’, as referred in Article 120 (1),” said Manik at the session of Case Number 95, 96, and 100/PUU-XIII/2015 led by Deputy Chief Anwar Usman.

Moreover, Husni explains the provision on minimum candidate pair in regional elections is stipulated clearly in Article 51 (2), Article 52 (2), and Article 54 (3) Act of Regional Elections.

“We assert that regional elections could be done with at least two candidate pairs, as stipulated by law,” said him.

Regarding Article 54 (6) Act of Regional Elections stated election stages could be postponed for 14 days because any candidate pairs permanently unable to participate until the election day, causing the participants are less than two, Husni says the norm has already clear; the region that not met the minimum requirement of 2 candidate pairs cannot hold 2015 regional election. Thus, according to him, withdrawal schedule should be considered as normal condition, which is if the requirement unfulfilled.

Single Candidate

Manik also requests the Constitutional Court to consider election logistic procurement period if the Court decides regional elections held by the concept of uncontested election. “The Constitutional Court needs to consider the period of logistic procurement. In KPU schedule, the deadline of logistic procurement should have started at least in October 23, 2015,” said him.  

In addition, Husni says regulation on election system which contain election procedures and voting count for determine elected candidate pair shall be made. Election campaign shall remain to be implemented, although there is only one candidate pair.

Based on KPU data, there are three regions which postpone regional election until 2017, from total 269 regions which hold regional election in 2015. Three regions aforementioned are Blitar Regency (Kabupaten Blitar), Tasikmalaya Regency (Kabupaten Tasikmalaya), and Middle North Timor Regency (Kabupaten Timor Tengah Utara). All of those regions cannot fulfill minimum candidate pair requirement. As for Surabaya regional election, there is still on the stage of reopening registration until September 10, 2015, in accordance with the provision in Article 50 (8) Act of Regional Elections.

As known, there are three different petitions for judicial review on minimum candidate pair provision in regional election. Three Surabaya residents Aprizal, Andri Siswanto, and Alex Andreas file petition which registered in Case Number 95/PUU-XIII/2015. They assess Article 49 (9), Article 50 (9), Article 51 (2), Article 52 (2), and Article 54 (4) and (6) Act of Regional Elections are potentially cause regional election failure in Surabaya if there is only one candidate pair.

According to them, the failure could harm their constitutional rights because the Applicant cannot elect their regional head. Representing by Applicant’s Attorney Muhammad Sholeh, the Applicant requests the Constitutional Court to declare Article 49 (9), Article 50 (9), Article 51 (2) along the phrase ‘at least two’ (‘paling sedikit dua’), Article 52 (2) along the phrase ‘at least two’ (‘paling sedikit dua’), Article 54 (4) and (6) Act of Regional Elections contrary to the Constitution.

Meanwhile, the candidate of Surabaya Deputy Major Wisnu Sakti Buana files petition which registered in Case Number 96/PUU-XIII/2015. He considers harmed by Article 51 (2), Article 52 (2), Article 121 (1), and Article 122 (1) Act of Regional Elections.

By the Articles aforementioned, his candidacy registration has been postponed for three times due to no contender in Surabaya Regional Election. As known, he is paired with the incumbent Tri Rismaharini. Wisnu assesses Tri Rismaharini with him suffer potential constitutional loss due to the election implementation becomes unclear. 

At last, academics Effendi Ghazali as Applicant in Case Number 100/PUU-XIII/2015 expresses his worry regarding regional election delay which lead to the establishment of provisional regional government or acting regional head (pelaksana tugas harian –PLT). “Basically, acting regional head doesn’t decide strategic policies. However, the more important thing is residents’ fundamental rights in obtaining the best government from their own choice,” said Effendi. (Lulu Hanifah/IR/Prasetyo Adi N) 

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