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The Petitioners’ attorneys Georgius Limart Siahaan and Utomo Kurniawan in the ruling hearing of Perppu on the Election of Governors, Regents, and Mayors, Wednesday (22/7) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) issued a decree on the withdrawal of petition 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). The petition was filed by the Union of Surakarta People for the Elections (PWSPP), represented by chairman Johan Syafaat Mahanani and secretary Almas Tsaqibbirru RE A.

Chief Justice Anwar Usman explained that the Petitioners had withdrawn the petition because the House’s Commission II approved the enactment of the perppu into law, so that the petition lost its object. The decree was issued at a hearing on Wednesday, July 22, 2020 in the Plenary Courtroom.

Also read:

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

Perppu Stipulated into Law, Petition Withdrawn

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."

In the preliminary hearing, the Petitioners’ attorney Sigit Nugroho Sudibyanto said that the stipulation that concurrent regional elections will be held in December 2020 is not in accordance with the current condition. He said there was 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 said 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 added that the government was 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 to Indonesia,” Sigit said. He stressed that the Petitioners and Indonesian citizens had 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 legally binding 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. 

Writer: Utami Argawati

Editor: Nur R.

PR: Muhammad Halim

Translator: Yuniar Widiastuti (NL)

Translation uploaded on 7/22/2020 22:15 WIB

Disclaimer: The original version of the news is in Indonesian. In case where any differences occur between the English and the Indonesian version, the Indonesian version will prevail.

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