Justice Arsul Sani reading the decision on judicial review of Law on Election of Governors, Regents, and Mayors (Pilkada Law) at the Plenary Courtroom, Thursday (14/11). Photo by MKRI/Panji.

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JAKARTA, MKRI - The Constitutional Court (MK) rejected the petition of the Petitioners in Case Number 122/PUU-XXII/2024, which argued the importance of regulating the length and schedule of leave in Article 70 paragraph (3) of the Law on Regional Head Elections (Regional Election Law). However, according to the Constitutional Court, the norms of the article a quo without the need to add the phrase “regulating the length and schedule of leave by taking into account the continuity of the task of implementing regional government” have not harmed the principles of popular sovereignty, democratic elections, the implementation of honest and fair elections, and legal uncertainty guaranteed by Article 1 paragraph (2), Article 18 paragraph (4), Article 22E paragraph (1), and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, unlike as argued by the Petitioners.

“Thus, the arguments of the Petitioners' petition are unreasonable according to the law in their entirety,” said Justice Arsul Sani, reading out the Court's legal considerations in a decision pronouncement hearing on Thursday, November 14, 2024, in the Plenary Courtroom.

Justice Arsul explained that reviving the phrase “setting the length and schedule of leave by taking into account the continuity of the task of implementing regional government” would contradict Article 70 paragraph (3) letter a of Law Number 10 of 2016, which regulates leave outside state dependence with a clear period of time, which is carried out during the campaign period. The Court needs to emphasize that leave outside state responsibility is intended as leave for a specific purpose, which, when placed in the context of an election campaign, is intended as leave during the campaign period for incumbent governors, regents, and mayors who are running for re-election in the same region.

The Court leaves it to the legislators to regulate matters relating to leave during the campaign period for incumbents, including the continuity of duties left behind while the incumbent is on leave outside the state's responsibility in the event of re-nomination in the same place to become a regional head. In such a position, the Court has no fundamental reason to shift from the legal considerations of Constitutional Court Decision Number 60/PUU-XIV/2016.

“In this case, because there is no longer a difference between the general election regime and the regional government regime (regional head election regime in Article 18 paragraph (4) of the 1945 Constitution of the Republic of Indonesia), the legislators need to harmonize all arrangements related to regional head elections. As a consequence, the lawmakers need to harmonize related to the campaign of general election of legislative members and general election of president/vice president I in accordance with their respective characteristics,” Justice Arsul explained.

Also read:

Incumbent Regional Head’s Leave of Absence Questioned

Petitioners: Incumbent Regional Heads’ Leave of Absence Should Be Regulated

In their petition, the Petitioners argue that the campaign leave arrangements stipulated in Law Number 10 of 2016 are not aligned with those stipulated in Law Number 7 of 2017 on General Elections. According to them, the provisions of Article 70 paragraph (3) of Law Number 10 of 2016 are contrary to Article 22E paragraph (1) of the 1945 Constitution because there is no longer a difference in regime between general elections (elections) and regional head elections.

The regulation of the length and schedule of leave by taking into account the continuity of administrative duties is intended so that the regulation or legal politics of campaign leave for incumbent regional heads can be balanced between preventing candidates for regional heads and/or deputy regional heads from abusing the facilities attached to their positions with the aim of ensuring that the day-to-day administration of regional governments continues to run as it should and is not disrupted by the necessity for incumbent regional heads to undergo leave for two whole months during the campaign period. Strict supervision and the application of strict sanctions from authorized institutions against the implementation of the provisions prohibiting the use of facilities related to their positions are needed to support the regulation of Article 70 paragraph (3) of the Regional Election Law.

Article 70 paragraph (3) of the Regional Election Law reads, “Governors and Deputy Governors, Regents and Deputy Regents, Mayors, and Deputy Mayors, who are running for re-election in the same region, during the campaign period must fulfill the following provisions: a. undergo leave outside the state's responsibility, and b. are prohibited from using facilities related to their position.” Meanwhile, in their petition, the Petitioners asked the Court to interpret the article as “Governors and Deputy Governors, Regents, and Deputy Regents, Mayors, and Deputy Mayors, who are running for re-election in the same region, during the campaign period must fulfill the following provisions: a. undergo leave outside the state's responsibility; b. regulate the length of leave and leave schedule with due regard to the continuity of the task of implementing regional government, and c. are prohibited from using facilities related to their position.”

In this case, the petitioner was initially only an advocate named Harseto Setyadi Rajah. However, it was submitted in the petition revision hearing that two citizens joined the petition, namely Agus Surahmat and I Gede Yogantara Teguh Eko Wijaya, who are self-employed.(*)

Author: Mimi Kartika
Editor: Lulu Anjarsari P.
PR: Raisa Ayuditha Marsaulina

Translator: Rizky Kurnia Chaesario

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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