---

Chief Justice Anwar Usman and Secretary-General M. Guntur Hamzah opening the technical assistance program on the 2020 election of governors, regents, and mayors for the Constitutional Lawyers’ Forum, Tuesday (3/11/2020) from the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—A technical assistance program on the 2020 election of governors, regents, and mayors for the Constitutional Lawyers’ Forum was officially opened by Chief Justice Anwar Usman virtually on Tuesday evening, November 3, 2020. The program was organized the Constitutional Court's Pancasila and Constitution Education Center in Cisarua, Bogor, West Java both online and offline.

The chief justice said that the fact that the People’s Consultative Assembly (MPR) is no longer the highest state institution and that the president no longer answers to the MKR has implications in the regional head elections. The election of governors, regents, and mayors used to be carried out by the Regional Legislative Council (DPRD) at all levels but after the 1945 Constitution was amended, especially Article 18 paragraph (4), which reads, “A Governor, Regent, and Mayor, each heading respectively the administration of a province, a regency, and a city, shall be elected democratically,” direct local elections were inevitable. The phrase “shall be elected democratically” allowed for such elections.

After the ratification of Law No. 32 of 2004 on the Regional Administration, the idea of direct local elections gained momentum. The Constitutional Court, Justice Anwar said, has had experience with direct local elections since 2005 and simultaneous local elections from 2015 to 2018. These elections, he said, despite their challenges, are the state’s effort to fulfill the people’s constitutional rights.

However, he said, the 2020 simultaneous local election will face the COVID-19 pandemic, causing a major dilemma. On the one hand, the state is obligated to fulfill the people’s constitutional rights in democracy. On the other hand, it must adhere to strict health protocols to avoid further spreading the virus.

“The implementation of the health protocols is part of the fulfillment of public health rights in accordance with the mandate of the Constitution. The challenges in carrying out the simultaneous regional election in 2020 are indeed heavy. In fact, the election was originally to be held on September 23, 2020 and was postponed until December 9, 2020. The decision to hold the 2020 simultaneous regional election was made by the government and the House. Therefore, [it] must be carried out while adhering to health protocols. Of course, there will be many adjustments in each stage of its implementation, including in the settlement of disputes over the regional head election in the Constitutional Court,” he said. He added that South Korea, Mongolia, and Sri Lanka had succeeded in holding elections amid the pandemic.

Secretary-General M. Guntur Hamzah, in his remarks, said that pursuant to Law No. 10 of 2015 and the third amendment to Law No. 1 of 2015 in Article 157 paragraph (3), the Constitutional Court adjudicates disputes over regional head election results until a special judicial body is established. 

“With the additional authority, the Court serves as a judicial body for the election of governors, regents, and mayors at the final stage. Therefore, the Court strives for the success of this national agenda, among others by holding technical assistance programs on its procedural law on the resolution of [the 2020 local elections] to direct and indirect stakeholders, such as friend of the Court, the Constitutional Lawyers’ Forum, which has devoted its time and energy to uphold the Constitution and become the citizens’ hope in litigating at the Constitutional Court,” he stressed.

Chairman of the Constitutional Lawyers’ Forum Andi Muhammad Asrun thanked Chief Justice Anwar Usman, Secretary-General M. Guntur Hamzah, and the acting Head of the Pancasila and Constitution Education Center Imam Margono for the event. He also expressed his hope that the nation would be able to beat the pandemic.

The technical assistance program will take place for three days (Tuesday-Thursday, November 3-5, 2020). The participants will receive materials on the procedural law of the regional head election from constitutional justices, researchers, substitute registrars, and the IT staff.

Writer: Nano Tresna Arfana
Editor: Lulu Anjarsari
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 11/11/2020 20:12 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.

---