The Petitioners’ legal counsels at a material judicial review hearing of Article 162 paragraphs (1) and (2) of the Regional Election Law, Monday (10/14/2024). Photo by MKRI/Bayu.

---

JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of Article 162 paragraphs (1) and (2) of Law No. 10 of 2016 on the Second Amendment to Law No. 1 of 2015 on the Stipulation of the Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors into Law (Pilkada Law)—petitioned by Bengkulu governor-vice governor candidates Helmi Hasan and Mian, and South Bengkulu regent-vice regent candidates Elva Hartati and Makrizal Nedi—on Monday, October 14, 2024.

At the petition revision hearing for case No. 129/PUU-XXII/2024, legal counsel Mahkfud conveyed several revisions to the petition, such as that on the Court’s authority, the Petitioners’ legal standing with additional explanation on their constitutional impairment and reconstruction to make it more systematic, with the addition of subheadings. He added that the petition compares the article in the Pilkada Law with Article 1 paragraphs (2) and (3) of the 1945 Constitution as touchstones in the rationale.

“Because Article 1 paragraph (2) is the constitutional basis for the principles of popular sovereignty and democracy with limitation of power, including restriction on regional heads’ terms so that the offices would not be occupied indefinitely. Meanwhile Article 1 paragraph (3) is the constitutional basis for the rule of law, whose one of the principles is legality as a guideline of conduct for everyone,” Makhfud said at a panel hearing presided over by Deputy Chief Justice Saldi Isra and Constitutional Justices Enny Nurbaningsih and Ridwan Mansyur.

Also read: Interim Regional Heads’ Terms Questioned

Article 162 paragraph (1) of the Pilkada Law reads, “Governor and Vice Governor as referred to in Article 161 paragraph (1) holds office for 5 (five) years since the date of inauguration and thereafter can be reelected in the same position for only 1 (one) term of office.” Article 162 paragraph (2) of the Pilkada Law reads, “Regent and Vice Regent as well as Mayor and Vice Mayor as referred to in Article 161 paragraph (3) shall take office for 5 (five) years since the date of inauguration and thereafter can be reelected in the same position for only 1 (one) term of office.”

At the preliminary hearing on Thursday, September 26, the Petitioners’ legal counsel Mahkfud argued that the norms are in violation of Article 27 paragraph (1) and Article 28D paragraphs (1) and (3) of the 1945 Constitution. Based on Constitutional Court Decisions No. 22/PUU-VII/2009, No. 67/PUU-XVIII/2020, and No. 2/PUU-XXI/2023, Article 162 paragraphs (1) and (2) of the Pilkada Law have been amended. The Constitutional Court no longer differentiates between definitive and interim regional heads by counting the term of office of definitive governor and vice governor, regent and vice regent, and mayor and vice mayor as starting from the inauguration date. However, it does not explain when the term of office of vice governor, vice regent, and vice mayor when they replace the governor, regent, and mayor temporarily as interim officials.

The Petitioners believe that despite lacking clarification on the term of office of those interim officials, the norms have been followed up by the KPU and Bawaslu through the issuance of the KPU Regulation (PKPU) No. 8 of 2024 and the Circular Letter No. 96 of 2024, respectively. As such, these election organizers have mistakenly interpreted, disregarded, or even resisted the Constitutional Court decisions.

In one of the petitums, the Petitioners request the Court to declare Article 162 paragraph (1) of the Pilkada Law in violation of Article 27 paragraph (1) and Article 28D paragraphs (1) and (3) of the 1945 Constitution and not legally binding if not added with another paragraph that reads, “(1a) In the event that the Governor is temporarily absent following statutory laws and regulations, the Vice Governor shall carry out the Governor’s duties and authority since the decree of inauguration is signed.”

They also request the Court to declare Article 162 paragraph (2) of the Pilkada Law in violation of Article 27 paragraph (1) and Article 28D paragraphs (1) and (3) of the 1945 Constitution and not legally binding if not added with another paragraph that reads, “(2a) In the event that the Regent or Mayor is temporarily absent following statutory laws and regulations, the Vice Regent or Vice Mayor shall carry out the Regent or Mayor’s duties and authority since the decree of inauguration is signed.” 

Author         : Sri Pujianti
Editor          : N. Rosi
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.

---