Petitioners Ahmad Alfarizy and Nur Fauzi Ramadhan conveying their subject matter at the preliminary hearing for the judicial review of the Regional Election Law, Friday (2/2/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Two university students, Ahmad Alfarizy and Nur Fauzi Ramadhan, has filed a petition for the judicial review of Article 7 paragraph (2) letter s 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) to the Constitutional Court (MK). The preliminary hearing for case No. 12/PUU-XXII/2024 took place on Friday, February 2, 2024, with Chief Justice Suhartoyo and Constitutional Justices Enny Nurbaningsih and Daniel Yusmic P. Foekh presiding.

Article 7 paragraph (2) letter s 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: s. stating in writing resignation as a member of the House of Representatives, a member of the Regional Representatives Council, and a member of the Regional Legislative Council since declared as contesting candidates for regional elections.”

Fauzi asserted that the article requires candidates in the regional head election (pilkada) to resign from the offices of House of Representatives (DPR), Regional Representatives Council (DPD), and Regional Legislative Council (DPRD). However, it does not mention resignation for legislative candidates elect who have not been inaugurated, leading to potential conflict of status among legislative candidates elected in the 2024 election and candidate pairs in the 2024 regional head election.

“Political party serves to develop members. The petition concerns the potential harm on the development of political party cadres,” said Fauzy alongside Ahmad Alfarizy in the plenary courtroom.

Next, Alfarizy explained the background of the petition being that the simultaneous 2024 general and regional election could potentially lead to dual mandate for participants of the election. This, the Petitioners alleged, would harm the people who cast their votes for candidates to occupy only one position but be faced with the reality of legislative candidates running for regional head election without resigning.

“If the Court grants this petition, there will be two guarantees: 1) guarantee that the stages of the 2024 simultaneous election not be hindered if the Court grants the petition; and 2) giving time certainty to DPR, DPRD, or DPD candidates who also wish to run in the 2024 regional election to think carefully and consequently about the plan,” Alfarizy said.

In the provisional petitum, the Petitioners asked the Court to grant their request to prioritize this case, and to issue a decision before the start of the general election results disputes (PHPU) period or before the start of the registration for candidate pairs participating in the 2024 regional election. Then in the petitum, they ask the Court to declare Article 7 paragraph (2) letter s of the Pilkada Law unconstitutional and not legally binding as long as it is not interpreted as “also stating resignation as a member of the House of Representatives, a member of the Regional Representatives Council, and a member of the Regional Legislative Council based on the KPU’s vote recapitulation.” The Petitioners request that Article 7 paragraph (2) letter s be read in full, “also stating in writing resignation as a member of the House of Representatives, a member of the Regional Representatives Council, and a member of the Regional Legislative Council based on the KPU’s vote recapitulation since declared as contesting candidates for elections.”

Justices’ Advice

Constitutional Justice Enny Nurbaningsih urged the Petitioners to clarify the potential loss due to the enforcement of the norm being petitioned. Next. Constitutional Justice Daniel Yusmic P. Foekh advised that the provisional petitum follow the Constitutional Court Decisions No. 133/PUU-VII/2009 and No. 70-PS/PUU-XX/2020, which granted the petitioners’ provisional petitums. “Please read those petitions as reference in revising the provisional petitum,” he said.

Meanwhile, Chief Justice Suhartoyo advised the Petitioners to consider the grace period between the presidential and regional election. “The period can be made a requirement if elected as members of DPR, DPRD, and DPD to apply when they become members as in the article being petitioned. Please explain this and find the argument. For candidates, there are no rights and obligations yet, so what would happen with such a restriction?” he explained.

Before adjourning the session, Chief Justice Suhartoyo announced that the Petitioners would have fourteen days to revise the petition and to submit it to the Registrar’s Office by Thursday, February 15, 2024 at 09:00 WIB. 

Author       : Sri Pujianti
Editor        : Nur R.
PR            : Muhammad Halim
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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