Constitutional Court’s ruling hearing on the judicial review of Law No. 1 of 2014 on Regional Elections, Tuesday (7/30/2024). Photo by MKRI/Ifa.

---

JAKARTA (MKRI) — The simultaneous election and inauguration of regional heads are like two sides of the same coin in the democratic process. Elections determine the people’s choice, while inaugurations grant legal legitimacy and mark the beginning of the term for the elected leaders to carry out their duties. This was the Court’s legal consideration on the petition filed by South Kalimantan governor Sahbirin Noor, Ahmad Sufian, and Riska Maulida (Petitioners I-III). They challenged 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).

“The inauguration process ensures stability and continuity, preventing a power vacuum and ensuring a smooth transition. In regional elections, election and inauguration are inseparable aspects of democracy,” stated Deputy Chief Justice Saldi Isra delivering the legal considerations for Decision No. 46/PUU-XXII/2024.

He asserted that in the new design for national governance, simultaneous voting must be followed by simultaneous inaugurations. The Court’s Decision No. 27/PUU-XXII/2024 has clarified that exceptions for non-simultaneous inaugurations are only for regions conducting a runoff, a revote, or a recount due to Court decisions in election results dispute cases.

He also mentioned that non-simultaneous inaugurations might occur due to force majeure. This means that regional heads elected simultaneously must be inaugurated together, including those whose election dispute petitions were dismissed or rejected by the Constitutional Court.

Therefore, inaugurations must wait for the resolution of election disputes at the Constitutional Court, except for regions conducting a runoff, a revote, or a recount due to Constitutional Court decisions and force majeure.

“Based on all aforementioned legal considerations, there are no new legal developments or substantial reasons for the Court to change its stance from Decision No. 27/PUU-XXII/2024,” asserted Justice Saldi at the ruling hearing on Tuesday July 30, 2024.

Given these considerations, Article 201 paragraph (7) of Law No. 10 of 2016, as interpreted through Decision No. 27/PUU-XXII/2024, provides legal certainty and does not contradict the 1945 Constitution. Thus, the Court found no legal basis for the Petitioners’ claims.

“Relating to the petition’s subject matter, [the Court] declares the petition of Petitioners II to V inadmissible and rejects the subject matter of Petitioner I in its entirety,” said Chief Justice Suhartoyo delivering the verdict.

Constitutional Justice Daniel Yusmic P. Foekh dissented, arguing the Petitioners lacked legal standing and the Court should have declared the petition inadmissible.

Also read:

South Kalimantan Governor Asks 2024 Regional Election Not Be Simultaneous

Petition on Simultaneity of 2024 Regional Heads’ Inaugurations Revised

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 believed Article 201 paragraph (7) of the Election Law as ruled through that decision has harmed him.

The Petitioners argued that 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.

They asserted that the article was 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. They also asserted 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         : Dzaki Difa Al Hadiid/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.

---