Chief Justice Suhartoyo opening a review of the simultaneity of elections as stipulated in the Election Law, Tuesday (11/19/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another hearing for a petition filed by the Association for Elections and Democracy (Perludem) on Tuesday, November 19, 2024. The hearing for case No. 135/PUU-XXII/2024 concerned the revised petition against. This third session had been set to hear the House of Representatives (DPR) and the Government/President, but both had requested a delay of the hearing.

Therefore, material judicial review of Article 1 paragraph (1), Article 167 paragraph (3), Article 347 paragraph (1) of Law No. 7 of 2017 on General Elections and Article 3 paragraph (1) of Law No. 8 of 2015 on the 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) was postponed until Tuesday, December 10.

“This session is supposed to hear the testimonies of the House and the Government, but both have sent a letter stating that their testimonies were not completed. So, today’s hearing cannot commence. The hearing is rescheduled for Tuesday, December 10, 2024 at 10:30 WIB. All must attend without any more summons. The Government shall not request another delay, since swift and economic trial must be realized,” said Chief Justice Suhartoyo alongside all the other constitutional justices in the plenary courtroom.

Also read:

Perludem: Five-Box Simultaneous Election Undermines Political Parties

Perludem Affirms Argument Against Five-Box Simultaneous Election

At the preliminary hearing on Friday, October 4, Perludem through its legal counsels argued that the five-box simultaneous election undermines the political party system and its simplification as well as the people’s sovereignty in elections. It stated that the simultaneity of the legislative and presidential election cannot be viewed as merely a scheduling or technical issue and the implementation of legislation.

In addition, election schedules would seriously impact the implementation of all election principles under Article 22E paragraph (1) of the 1945 Constitution as well as the independence and professionalism of election implementation under Article 22E paragraph (5). These provisions stipulate that the presidential, DPR (House of Representatives), DPD (Regional Representatives Council), and provincial and regency/city DPRD (Regional Legislative Council) election be simultaneous. As a result, parties have become powerless in the face of political reality when candidates who possess wealth, are popular, and have a lot of material could transactionally and tactically be nominated because the parties no longer have the opportunity and energy to carry out regeneration in nominating legislative members at all levels simultaneously.

In the petitums, the Petitioner asks the Court to declare Article 1 paragraph (1) of Law No. 7 of 2017 (“A General Election, hereinafter may also be referred to as an Election, is an activity to facilitate people’s sovereignty by facilitating the election of members of House of Representatives, Regional Representatives Council, the President and the Vice President, and Regional Legislative Council, in a manner that is direct, general, free, confidential, honest, and fair in the Unitary State of Republic of Indonesia”) unconstitutional if not interpreted as “A General Election, hereinafter may also be referred to as an Election, is an activity to facilitate people’s sovereignty by facilitating the election of members of House of Representatives, Regional Representatives Council, the President and the Vice President, Regional Legislative Council in a national election, as well as governors, regents, and mayors in a regional election in a manner that is direct, general, free, confidential, honest, and fair in the Unitary State of Republic of Indonesia.”

It requests that Article 167 paragraph (3) of Law No. 7 of 2017 (“The voting process in an election shall be conducted simultaneously on a holiday or a day determined as a national holiday”) be declared unconstitutional if not interpreted as “The voting process shall be conducted simultaneously in a national election of members of House of Representatives, Regional Representatives Council, the President and the Vice President as well as in a regional election of members of Regional Legislative Council and governors, regents, and mayors.”

It also requests that the Court declare Article 347 paragraph (1) of Law No. 7 of 2017 (“The voting of all elections shall be conducted simultaneously”) unconstitutional if not interpreted as “The voting of the national election of members of House of Representatives, Regional Representatives Council, the President and the Vice President shall be conducted simultaneously, and two years thereafter the voting of the regional election of members of Regional Legislative Council and governors, regents, and mayors shall be conducted simultaneously.”

Lastly, it requests that the Court declare Article 3 paragraph (1) of Law No. 8 of 2015 (“The Election shall take place every 5 (five) years simultaneously throughout all territory of the Unitary State of the Republic of Indonesia”) unconstitutional if not interpreted as “The Election of Governors, Regents, and Mayors shall take place every 5 (five) years simultaneously with the Election of members of Regional Legislative Council.”

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.

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