A hearing of Law No. 10 of 2016 on Regional Elections on a petition by thirteen heads of regions, Monday (2/26/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The judicial review of Article 201 paragraphs (7) , (8), and (9) 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) by thirteen heads of regions continues in the Constitutional Court (MK). The second hearing for case No. 27/PUU-XXII/2024 took place on Monday, February 26, 2024 in the plenary courtroom.

The Petitioners are Jambi governor Al Haris, West Sumatra governor Mahyedi, West Pesisir regent Agus Istiqlal, Malaka regent Simon Nahak, Kebumen regent Arif Sugiyanto, Malang regent Sanusi, Nunukan regent Asmin Laura, Rokan Hulu regent Sukiman, Makassar mayor Moh. Ramdhan Pomanto, Bontang mayor Basri Rase, Bukittinggi mayor Erman Safar, Central Sulawesi governor Rusdy Mastura, and Central Sulawesi vice governor Ma’mur Amin.

At the petition revision hearing, Donal Fariz, one of the Petitioners’ legal counsels, conveyed the revision to the petition, which included the addition of arguments on the arrangement of the implementation of the regional election. The Petitioners believe it not only relates to the administration of the election, but also to the people’s constitutional and political rights that must be guaranteed, thus they filed the petition to the Court.

“It also concerns democracy and the right to vote as well as the discussion of the Pilkada Law and the potential backed-up cases in the Constitutional Court. The Petitioners also filed a provisional petitum and appeal to the Court to reschedule the regional election,” Donal said.

Also read: Heads of Regions Questions Simultaneous Regional Election

At the preliminary hearing on Wednesday, February 7, alleged the articles being petitioned are in violation of Article 18 paragraph (4) of the 1945 Constitution. They also alleged that the legislatures had not considered all the technical implications of the 2024 simultaneous regional election, which could potentially hinder the election of quality leaders. Reflecting on the 2019 election, the ad hoc election organizer had overwhelming, irrational workload, which led to the death of approximately 894 ad hoc members and the overwork of 5,175 others. If the 2024 regional election is forced to be held simultaneous with the 2024 presidential and legislative election, it could lead to the repeat of the same history. This could potentially lead to technical chaos, thus violating Article 28D paragraph (1) of the 1945 Constitution, which guarantees legal protection to all.

In addition, the Petitioners believe simultaneous presidential, legislative, and regional election could potentially lead to higher chances of corruption, immense threat to security and order, and a tall pile of dispute cases in the Constitutional Court. They also believe that the regional election should be rescheduled with the consideration of its complexity. They requested that the Court reconsider the regional election schedule, especially to 270 autonomous regions that held an election in 2020. The believe that given the Court’s judicial activism, this issue must be settled by rescheduling the simultaneous regional election where 276 regions carrying out an election in November 2024 so that the regional heads-elect can work right away, while 270 other regions that held an election in 2020 to hold another in December 2025.

In the petition, the Petitioners not only talk about terms of office that would be cut short, but also suggested a more rational regional election schedule based on indicators and prerequisites that the Constitutional Court had laid out in Decision No. 55/PUU-XVII/2019. The shift of regional election in 270 regions to December 2025 would reduce the number of security personnel. 

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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