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Session chairman Constitutional Justice Saldi Isra along with Constitutional Justices Manahan M. P. Sitompul and Daniel Yusmic Foekh in the material review hearing of Perppu No. 2 of 2020 on the regional election, Tuesday (14/7) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—Through its attorney Sigit Nugroho Sudibyanto, the Union of Surakarta People for the Elections (PWSPP) withdrew its petition regarding the material review 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).

“We [found out] the news that the DPR (House) approved the enactment of the Perppu into law, which means that means [it] will be ratified in the DPR plenary meeting. Therefore, Perppu Number 20 will become law. We discussed with the principal [petitioners] that they agreed to withdraw the petition,” Sigit said via video conference from the Law Faculty of Universitas Sebelas Maret (UNS) Surakarta. The hearing was held in the Constitutional Court (MK) on Tuesday, July 14, 2020. The attorney had previously sent a letter to request the petition withdrawal.

"Thank you. We have also read (the withdrawal letter). This is the direct clarification and explanation by the Petitioner’s attorney. The progress of your petition will be discussed in the justice deliberation meeting,” said panel chairman Constitutional Justice Saldi Isra.

Also read: Solo Residents Challenge Perppu on Simultaneous Regional Elections amidst COVID-19 Pandemic

PWSPP filed a material review petition No. 44/PUU-XVIII/2020 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 worldwide 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 election (Pilkada) in December 2020 and its stages, which 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 is unfortunate that the election be held amidst the COVID-19 pandemic. He believes that the government is supposed to focus on the public’s needs instead of the election. 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 went 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 Indonesian citizens have called 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 stipulated in the article conditionally constitutional, on the condition that 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 is revoked. (Utami/MH/NRA)

Translated by: Yuniar Widiastuti

Translation uploaded on 7/15/2020

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