Deputy Chief Justice Saldi Isra and Constitutional Justices Ridwan Mansyur and Asrul Sani presiding over a material judicial review hearing of Law No. 10 of 2016 on Regional Elections, Monday (7/1/2024). Photo by MKRI/Panji.

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JAKARTA (MKRI) —In Decision No. 27/PUU-XXII/2024 dated March 20, 2024, the Constitutional Court (MK) decided that the simultaneous election of regional heads and their deputies be followed by simultaneous inauguration in order to create policy synergy between the central and regional governments and to synchronize regional and central governance. However, South Kalimantan governor Sahbirin Noor as a petitioner of the material judicial review petition of Article 201 paragraph (7) 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), believes it is detrimental to him. He and two other individuals have filed the petition No. 46/PUU-XXII/2024. The preliminary hearing for the case was held by the Constitutional Court on Monday, July 1, 2024 in the plenary courtroom.

Legal counsel Ade Yan Yan Hasbullah asserted that the Petitioners’ constitutional right was limited only until the inauguration of governors and vice governors elected in the upcoming 2024 simultaneous regional election as interpreted by the Constitutional Court through the aforementioned decision.

“This provision is detrimental to the constitutional right of Petitioners I and II who were inaugurated on August 21, 2021. Based on Article 162 paragraph (1) of the Pilkada Law, governors and vice governors shall take office for five years since the inauguration. As such, based on [said article], the term of office of Petitioner I should be counted since inauguration until August 2026,” Ade said before Deputy Chief Justice Saldi Isra and Constitutional Justices Ridwan Mansyur and Asrul Sani.

The Petitioner also asserts that Article 201 paragraph (7) of the Pilkada Law is against Article 60 of Law No. 23 of 2014 on the Regional Government, which expressly states that the regional heads shall take office for five years. Ade also said that the 2024 regional election should not reduce the Petitioners’ constitutional right. He mentioned that the Lampung governor- and vice governor-elect had not been inaugurated immediately, but waited until their predecessors completed their term.

“The simultaneous regional election serves to maintain budget efficiency. In that case, it can take place without having to eliminate the Petitioners’ constitutional right as per Article 28D paragraph (1) of the 1945 Constitution,” Ade stressed.

Justices’ Advice

In response, Constitutional Justice Ridwan Mansyur said that the Petitioners only elaborated the constitutional impairment suffered by Petitioner I, but not of Petitioners II and III.

“You should explain what happens to Petitioner II as a citizen who work as civil servant and Petitioner III who is a university student due to the implementation of the article being challenged,” he said.

Similarly, Deputy Chief Justice Saldi Isra stated that the petitioners’ constitutional impairment had not been explained in the legal standing section. “To explain the constitutional impairment, [you] use Lampung Province as an example. Which year was it? So that we can trace it. The more clearly you explain it to [the Court], the easier to use [such an example],” he said.

The Petitioner were given 14 workdays to revise the petition and submit it to the Registrar’s Office no later than Monday, July 15 at 09:00 WIB.

Author         : Utami Argawati
Editor          : Lulu Anjarsari P.
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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