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The attorney of Petitioners of cases No. 69/PUU-XVIII/2020 and 70/PUU-XVIII/2020 Sigit N. Sudibyanto delivering the subjects of the judicial review petition of the Law on the Election of Governors, Regents, and Mayors virtually, Tuesday (8/9) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held a judicial review of Article 201A paragraphs (1) and (2) of the Appendix to Law No. 6 of 2020 on the Stipulation of the Government Regulation in Lieu of Law No. 2 of 2020 on the Election of Governors, Regents, and Mayors into Law (Pilkada Law) on Tuesday, September 8, 2020 in the Plenary Courtroom. The petition No. 69/PUU-XVIII/2020 was filed by the Union of Surakarta People for the Elections (PWSPP), who believe that the article was in violation of Article 28D paragraph (1), Article 28H paragraph (1), and Article 28I paragraph (4) of the 1945 Constitution.

Article 201A paragraph (1) of the Pilkada Law 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)." Paragraph (2) reads, "The postponed concurrent voting as referred to in paragraph (1) shall take place in December 2020."

Through attorney Sigit N. Sudibyanto, the Petitioner said that the concurrent regional elections were postponed until December 2020 and their stages had begun in June 2020. However, referring to the Presidential Decree No. 12 of 2020 on the Stipulation of the Non-natural Disaster of the Corona Virus Disease 2019 (COVID-19) Outbreak as a National Disaster, Indonesia is facing the national disaster. The provision was deemed to not provide legal guarantee, protection, and certainty to citizens who are eligible to vote. National and regional regulations on the mitigation of the pandemic potentially reduces voter turnout. Sigit added that voting amid the pandemic threatens the lives of the people.

“In addition, the Government has not provided any guarantee that citizens who participate in the concurrent elections will be free from COVID-19 transmission,” he said from Solo.in a video conference

Disgraceful Acts

At the same hearing, Sigit also represented the Petitioners of case No. 70/PUU-XVIII/2020—the Union of Surakarta People for the Elections (PWSPP), Tresno Subagyo (Petitioner II), Johan Syafaat Mahanani (Petitioner III), and Almas Tsaqibirru (Petitioner IV)—who challenge Article 7 paragraph (2) letter i of Law No. 10 of 2016 on the Second 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 (Pilkada Law).

Article 7 paragraph (2) letter i of the Pilkada Law reads, “Candidates Governor and Candidates for Vice Governor, Candidates for Regent and Vice Regent, and Candidates for Mayor and Vice Mayor, as stipulated in paragraph (1) must meet the following requirements: (i) has never committed any disgraceful acts, proven by a police certificate….”

Sigit explained that the phrase “disgraceful acts” in the articles are gambling, intoxication, using/distributing narcotics, adultery, and other immoral acts. He said that it shouldn’t only be limited to criminal acts, but also various acts that violate legal and religious norms, decency, politeness, customs, and ethics in society. These acts also include, he illustrated, calling others to abstain in a regional election, but running in the next one.

“This act is also a ‘disgraceful act’ because it doesn’t provide a good example for society in democracy, so [a person who does so] is not worthy of being elected a leader. And someone who doesn’t use their voting right (abstain) is someone who is apathetic towards the future of the Indonesian nation,” he said before Constitutional Justices Saldi Isra (panel chairman), Manahan M. P. Sitompul, and Enny Nurbaningsih.

Legal Standing

Constitutional Justice Manahan M. P. Sitompul advised the Petitioner of case No. 69/PUU-XVIII/2020 to review their legal standing as a local organization that has certain objectives in its article of association. He questioned whether the organization’s duties are related to the enactment to the Pilkada Law, which lead to constitutional damage. “In the petition, the Petitioner observed that voters were restricted due to the postponement (of the pilkada) until December 2020. Can you explain the norm’s constitutionality in relation to the loss in question?” he asked.

In case No. 70/PUU-XVIII/2020, Justice Manahan observed that Petitioners I and II filed the case as chairman and secretary of the organization, but also as individual citizens (Petitioners III and IV). “Won’t this lead to ambiguity in relation to your legal standing?” he asked.

Constitutional Justice Enny Nurbaningsih advised the Petitioner of case No. 69/PUU-XVIII/2020 to detail those who have the right to represent the organization in and out of court according to its statute/bylaws as well as proof of the contradiction between the norm and the 1945 Constitution. Similar to Justice Manahan, she advised the Petitioners of case No. 70/PUU-XVIII/2020 to elaborate on their legal standing.

Election Stages

Constitutional Justice Saldi Isra said to the Petitioner of case No. 69/PUU-XVIII/2020 that there are stages in the pilkada, such as voting. Other stages have currently been underway. Should the Court order a stop to the voting, he asked why the Petitioner didn’t request that the pilkada be postponed.

“Will this create a new legal uncertainty? If the pilkada is delayed, what are the steps [to take]? If it is postponed further, voting will take place after COVID-19 [is over]. The Court will not grant the petition if it leads to legal uncertainty,” he said.

Before concluding the session, Justice Saldi reminded the Petitioner to submit a revised petition no later than Monday, September 21, 2020 at 13:30 WIB to the Registrar’s Office.

Writer: Sri Pujianti
Editor: Nur R.
PR: Raisa
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 9/9/2020 16:16 WIB

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

 

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