Panel chairman Constitutional Justice Saldi Isra along with Constitutional Justices Daniel Yusmic Foekh and Manahan M. P. Sitompul opening the material review hearing of Law on the Election of Governors, Regents, and Mayors, Wednesday (24/06) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.
JAKARTA, Public Relations of the Constitutional Court—A material review hearing of Article 201A paragraphs (1) and (2) of the Government Regulation in Lieu of Law No. 2 of 2020 on the Third Amendment to Law No. 1 of 2015 on the Stipulation of the Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors into Law (Perppu No. 2 of 2020) was held by the Constitutional Court (MK) on Wednesday (24/06/2020). The petition No. 44/PUU-XVIII/2020 was filed by the Union of Surakarta People for the Elections (PWSPP), represented by chairman Johan Syafaat Mahanani and secretary Almas Tsaqibbirru RE A.
The video-conference preliminary examination hearing was led by panel chairman Constitutional Justice Saldi Isra along with Constitutional Justices Manahan M. P. Sitompul and Daniel Yusmic Pancastaki Foekh from the Constitutional Court building in Jakarta, while the Petitioners delivered the subjects of the petition from the Law Faculty of Sebelas Maret University (UNS) in Surakarta, accompanied by their legal team from Kartika Law Firm.
In their petition, the Petitioners requested a material review of Article 201A paragraphs (1) and (2) of Perppu No. 2 of 2020, which was issued as a response to the Corona Virus Disease 2019 (COVID-19), which had been declared a pandemic by the World Health Organization (WHO).
Article 201A paragraph (1) of Perppu No. 2 of 2020 reads, "Concurrent voting as referred to in Article 201 paragraph (6) is postponed due to non-natural disasters as referred to in Article 120 paragraph (1)." Article 201A paragraph (2) of Perppu No. 2 of 2020 reads, "The postponed concurrent voting as referred to in paragraph (1) shall take place in December 2020."
The Petitioner’s attorney Sigit Nugroho Sudibyanto the stipulation that concurrent regional elections will be held in December 2020 is not in accordance with the condition of Indonesia amidst the COVID-19 pandemic. He said there is no urgency to force simultaneous elections to take place in December 2020, which would be contrary to government policies regarding social distancing to limit the spread of COVID-19.
He believes the planned regional elections in December 2020 and its stages that will begin in June 2020 amidst of the COVID-19 pandemic will increase the risk of the spread of COVID-19 in various regions in Indonesia. "It’s most unfortunate that the elections are going to be held amid the COVID-19 pandemic. The government is supposed to fulfill the public’s needs during the pandemic, instead of talking about the elections," he said. In addition, it will require a big budget to prepare personal protective equipment (PPE) while the state has been spending budgets for COVID-19 mitigation.
“The government reasoned that the simultaneous Pilkada is to run as planned because the end of the COVID-19 pandemic cannot be predicted. Several countries go ahead with local or national elections amidst COVID-19 by implementing health protocols. However, it cannot be generalized with Indonesia,” Sigit said. He stressed that the Petitioners and the people as Indonesian citizens call for the postponement of the simultaneous Pilkada until the risk of COVID-19 transmission has subsided.
On the ground of those arguments, the Petitioners appealed to the Constitutional Court to declare the simultaneous Pilkada in December 2020 amidst the non-natural COVID-19 pandemic stipulated in Article 201A paragraphs (1) and (2) of Perppu No. 2 of 2020 conditionally constitutional insofar as it is interpreted as the stages of the simultaneous Pilkada be carried out after the Presidential Decree of the Republic of Indonesia No. 12 of 2020 on the Stipulation of the Non-natural Corona Virus Disease 2019 (COVID-19) as a National Disaster be revoked.
Justice Foekh advised that the Petitioners elaborate on their legal standing, while Justice Manahan advised them to make several revisions regarding the structure. Justice Saldi Isra advised that the Petitioners elaborate which constitutional rights are violated by the enactment of the perppu.
Before concluding the session, Justice Saldi reminded the Petitioners to submit a revised petition no later than July 7, 2020 at 14.00 WIB to the Registrar’s Office of the Constitutional Court. (Utami/Halim/NRA)
Translated by: Yuniar Widiastuti
Translation uploaded on 6/25/2020
Thursday, June 25, 2020 | 07:55 WIB 170