Deputy Chief Justice Saldi Isra and Constitutional Justices Ridwan Mansyur and Asrul Sani at material judicial review hearing of the Pilkada Law, Monday (7/15/2024). Photo by MKRI/Panji.

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JAKARTA (MKRI) — South Kalimantan governor Sahbirin Noor, Ahmad Sufian, and Riska Maulida (Petitioners I-III) have revised the petition for case No. 46/PUU-XXII/2024. They challenge 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). They have revised their constitutional impairment due to the enforcement of said provision after Decision No. 27/PUU-XXII/2024 dated March 20, 2024.

“We have decided to clarify the constitutional impairment of Petitioners II and III, Your Honors,” said legal counsel Rivaldi before Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices Ridwan Mansyur and Asrul Sani at the petition revision hearing on Monday, July 15, 2024.

He explained that Ahmad Sufian (Petitioner II) is an administrator of a non-formal Islamic educational institution called Irsyadul Fata, while Riska Maulida (Petitioner III) is a scholarship student at Lambung Mangkurat University.

He said they have constitutional interest in the term of office of Petitioner I. If his term as governor is cut short due to the adjustment to the simultaneous inauguration of regional heads elected in the 2024 regional election, donations to the institution that Petitioner II manages and the scholarship for Petitioner III could be restricted.

Also read: South Kalimantan Governor Asks 2024 Regional Election Not Be Simultaneous

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. South Kalimantan governor Sahbirin Noor believes Article 201 paragraph (7) of the Election Law as ruled through that decision has harmed him.

The Petitioners argue that constitutional right is 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.

They assert that the article 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. They revealed that the Lampung governor- and vice governor-elect were not inaugurated immediately, but waited until their predecessors had completed their term.

Author              : Utami Argawati
Editor               : Lulu Anjarsari P.
PR                   : Raisa Ayuditha Marsaulina
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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