Constitutional Justice Saldi Isra reading out the legal considerations of the decision for case No. 18/PUU-XX/2022 on the judicial review of the Pilkada Law filed by North Halmahera regent Frans Manery and vice regent Muchlis Tapi Tapi, Wednesday (4/20/2022). Photo by Humas MK/Ilham & BPE.
Wednesday, April 20, 2022 | 16:55 WIB
JAKARTA, Public Relations—The formulation of the election of governors, regents, and mayors, including the reduction of their tenures as referred to in Article 201 of Law No. 10 of 2016 on the Election of Governors, Regents, and Mayors (Pilkada Law) is transitional or temporary and applies once (einmalig) for the 2024 simultaneous national election. Thus, the end of the tenures of governors, regents, and mayors and their deputies would be simultaneous with the election, or every five years nationally.
Such was the Court’s legal considerations for case No. 18/PUU-XX/2022 read out by Constitutional Justice Saldi Isra at a ruling hearing on Wednesday, April 20, 2022 in the plenary courtroom. The case was filed by North Halmahera regent Frans Manery and vice regent Muchlis Tapi Tapi.
Justice Saldi added that the reduction as referred to Article 201 paragraph (7) of the Pilkada Law did not go against human rights. As a political right, it is derogable or can be reduced and limited by the state under reasons stated in Article 28J paragraph (2) of the 1945 Constitution.
The Court asserted that the right to equal opportunity in government, in casu the tenures of governors, regents, and mayors and their deputies, could be reduced under specific circumstances or reasons, including to meet the policy of the national simultaneous regional head election.
“In addition, the reduction of the tenures of governors, regents, and mayors and their deputies had been implemented through a law, that is, Article 201 paragraph (7) of Law No. 10 of 2016, which is transitional and applies to all governors, regents, and mayors and their deputies who were elected in 2020, thus not discriminatory,” Justice Saldi read out.
Also read: Term of Office Reduced, North Halmahera Regent Challenges Provision on 2024 Simultaneous Election
Avoid Legal Vacuum
Justice Saldi also asserted that said article was meant to avoid legal vacuum and to guarantee legal certainty. Based on point 127 of the Appendix of Law No. 12 of 2011, the transitional provision had covered adjustment of legal actions or relations in new laws and regulations. The objectives are to avoid legal vacuum, guarantee legal certainty, provide legal protection for parties affected by changes in the provisions, and regulate transitional or temporary matters.
Justice Saldi also said that the provision that the tenures of regional heads elected in 2020 would end by the 2024 Election was explicitly regulated in Article 201 paragraph (7) of the Pilkada Law. Therefore, based on logical reasoning, all candidate pairs who contested in the 2020 Pilkada had been aware of it.
Also read: Term of Office Reduced, North Halmahera Regent Challenges Provision on 2024 Simultaneous Election
Compensation
The law had anticipated the reduction of tenures and provided legal certainty, Justice Saldi said, by giving compensation. This had been regulated in Article 202 paragraph (4) of 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, long before the 2024 Simultaneous Pilkada.
“The compensation that the regional heads of 2018 will receive is payment equal to their basic salary multiplied by the number of months remaining as well as the right to a pension for one period. Furthermore, for the implementation of the 2024 Simultaneous Pilkada, the compensation received by regional heads and deputy regional heads whose tenures have been reduced follows Article 202 of Law No. 1 of 2015, which reads, ‘Governor and Vice Governor, Regent and Vice Regent, as well as Mayor and Vice Mayor who take office for less than one period as a result of the provision of Article 201 shall be compensated in the amount of basic salary multiplied by the number of remaining months and receive pension right for one period,’” Justice Saldi read out.
Based on these legal considerations, the Court was of the opinion that Article 201 paragraph (7) of the Pilkada Law, which determines the terms of office of governors, regents, and mayors and their deputies elected in the 2020 election who serve until 2024, did not conflict with the principle of legal certainty and justice and did not impede equal opportunity in government as stipulated in Article 28D paragraphs (1) and (3) of the 1945 Constitution. Thus, the Petitioners’ entire petition was legally unwarranted. “[The Court] declares to reject the petition in its entirety,” said Chief Justice Anwar Usman reading out the verdict for the Petitioners, who attended the hearing virtually.
Also read: North Halmahera Regent Conveys Revisions to Petition on Regional Election Law
The Petitioners had previously argued that they should have been elected for a term of office of five years starting from their inauguration on July 9, 2021. This tenure should end by July 9, 2026, not in 2024 as referred to by Article 201 paragraph (7) of the Pilkada Law. Based on the provision, they would only hold office for 3 years and 5 months.
The Petitioners believed Article 201 paragraph (7) was inconsistent with Article 162 paragraph (2) of the Pilkada Law, leading to overlap of norms regulating term of office. With the annulment or the elimination of the interpretation of Article 201 paragraph (7) of Law No. 10 of 2016 in relation to the term of office of regents and vice regents following Article 162 paragraph (2) of Law No. 10 of 2016 and Article 60 of Law No. 23 of 2014, the potential impairment of the Petitioners’ constitutional rights may be avoided.
https://www.youtube.com/watch?v=oTbCPEdQlGU
Writer : Sri Pujianti
Editor : Lulu Anjarsari P.
PR : Andhini S. F.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 4/21/2022 09:33 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
Wednesday, April 20, 2022 | 16:55 WIB 202