The Petitioners’ legal counsels conveying the petition at the panel preliminary hearing of the judicial review of Law No. 10 of 2016 on Regional Elections, Tuesday (7/4/2023). Photo by Humas MK/Ifa.

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JAKARTA (MKRI) — Elly Engelbert Lasut and Moktar Arunde Parapaga were elected regent and vice regent of Talaud Islands in the regional election (pilkada) of 2018 but they were only inaugurated in 2020. They argue in ase No. 62/PUU-XXI/2023 that they are disadvantaged by the provisions that have cut their tenure, i.e. Article 201 paragraph (5) of Law No. 10 of 2016 on the Second Amendment to Law No. 1 of 2015 on the Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors into Law (Pilkada Law).

Article 201 paragraph (5) of Law No. 10 of 2016 reads, “The Governors and Vice Governors, Regents and Vice Regents, and Mayors and Vice Mayors elected in the 2018 Election shall take office until 2023.”

At the hybrid preliminary hearing in the plenary courtroom on Tuesday, July 4, 2023, legal counsel Gugum Ridho Putra asserted that based on Article 162 paragraph (2) of Law No. 10 of 2016, regents, mayors, and their deputies are elected for five years. This means that since their inauguration in 2020, which was delayed for two years, the Petitioners’ tenure should be over by 2025.

This delay was not a fault of their own, but because the governor of North Sulawesi refused to inaugurate them. They responded by filing a lawsuit with the state administrative court.

The Petitioners believe that Article 201 paragraph (5) of Law No. 10 of 2016 has eliminate their opportunity to participate in the administration of Talaud Islands Regency alongside the regency’s DPRD (Regional Legislative Council) for five full years. Although the regency’s DPRD members were elected through a general election while the Petitioners by a regional election, they were elected to serve for five years.

“Despite all policy and work program plans that the Petitioners and the Talaud Islands Regency DPRD drafted for five years, the enactment of Article 201 paragraph (5) forced the Petitioners to only implement those plans alongside the DPRD for only three years,” Gugum explained.

In the petition, the Petitioners argue that the phrase “the result of an election,” not “the result of an inauguration” in Article 201 paragraph (5) has made a loophole where the tenure of regional heads be shorter than five full years. This is because there could be a time gap between the announcement of the election results and the inauguration.

Therefore, in the petitum, the Petitioners request that the Court declare Article 201 paragraph (5) of Law No. 10 of 2016 unconstitutional and not legally binding if not interpreted as “Regent and vice regent shall take office for 5 (five) years since the date of inauguration.”

Justices’ Advice

In response, Constitutional Justice Suhartoyo asked the Petitioners to observe the Constitutional Court Regulation (PMK) to see whether the petition can be filed, as there have been similar petitions.

He also asked them to give juridical argument of their legal standing. “How are the Petitioners harmed by the enactment of the norm, which actually applies universally—that all elected regional heads will end their tenures in 2023. There is no connection to the inauguration date and why it was delayed for very long. Article 201 regulates in detail the boundaries for the simultaneous election. Even, those elected in 2020 will leave office no later than 2024. There will also a big event, that is, the simultaneous pilkada,” he explained.

Meanwhile, Deputy Chief Justice Saldi Isra said that the petition can still be filed if only the Petitioners can prove that the touchstones are different from those in previous elections or that the background of the petition is different.

Before adjourning the session, Deputy Chief Justice Saldi Isra gave the Petitioners 14 workdays to revise the petition, which must be submitted to the Registrar’s Office on Monday, July 17, 2023 at 13:00 WIB.

Author       : Utami Argawati
Editor        : Nur R.
PR            : Andhini S. F.
Translator  : Yuniar Widiastuti (NL)

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.

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