Deputy Chief Justice Saldi Isra with Constitutional Justices Anwar Usman and M. Guntur Hamzah at a material judicial review hearing of the Regional Election Law, Friday (12/13/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — University student Binti Lailatul Masruroh has filed a material judicial review petition of Law No. 10 of 2016 on the Election of Governors, Regents, and Mayors into Law (Pilkada Law) to the Constitutional Court (MK). The Petitioner of case No. 173/PUU-XXII/2024 challenges Article 166 of the Regional Election Law, which stipulates that regional election activities be funded by the APBD (regional budget).

She argued that the regional budget could potentially be misused for the campaign of incumbent candidates. She believes this would harm individuals’ constitutional right to vote and be elected freely and fairly as guaranteed under Article 28D paragraph (3) of the 1945 Constitution.

“It could potentially lead to the loss of the Petitioner’s constitutional rights as an Indonesian citizen where there are indications of political interests,” the Petitioner said at the preliminary hearing virtually on Friday, December 13, 2024.

She said that the diversion of public funds for political purposes contradicts Article 28H paragraph (1) of the 1945 Constitution, which guarantees the public’s right to a decent life and good public services. Budget allocation for political interests reduces budget for public services such as infrastructure, health, and education.

In addition, budget misuse without transparency eliminates the public’s right to know the use of public funds as guaranteed under Article 28F of the 1945 Constitution. Non-transparency in the management of the regional budget during regional elections, such as in cases of gratuities and extortion of regional officials, can impair the public’s right to obtain clear and accurate information.

Then, the Petitioner said that legal bias often protects incumbents who are involved in misuse of the regional budget, while other candidates do not get the same treatment. She argued that she could potentially be affected as in the case where incumbent Bengkulu governor obtained Rp7 billion through extortion, thus harming and threatening the rights of other individuals and professions.

The Petitioner stressed that the implementation of regional elections should depend on the APBN (state budget), considering that the Regional General Elections Commission (KPU) is an extension of and has a vertical relationship with the Central KPU. She wishes for the funding for the implementation of the elections to be firmly and clearly regulated in the Law, for it to be sourced from the state budget as a centralized and independent budget, instead of the regional budget.

In her petitum, the Petitioner requested the Court to declare Article 166 of the Regional Election Law unconstitutional and not legally binding.

Article 166 of the Pilkada Law reads, “(1) Funding for election activities shall be borne by the Regional Revenue and Expenditure, and may be supported by the State Revenue and Expenditure in accordance with the provisions of laws and regulations. (2) Deleted. (3) Further provisions regarding funding for election activities sourced from the Regional Revenue and Expenditure shall be regulated by a Ministerial Regulation.”

Justices’ Advice

The session was presided over by Deputy Chief Justice Saldi Isra and Constitutional Justices Anwar Usman and M. Guntur Hamzah. Justice Anwar highlighted the posita’s inconsistency, where the Petitioner wished that the Court reinterpret the a quo article by stating that the regional election shall be funded by the state budget, not the regional budget. However, in the petitum, she requested that the Court annul the a quo article.

He asked her to consider the consequence of the abolishment of the article. “Then the regional elections would have no funding,” he said.

Next, Justice Guntur said that the reason behind the petition had not been elaborated clearly with good arguments. He stated that the Petitioner had not made an in-depth analysis, and instead only described incidents she had read off the news.

“Build an argument that funding is not necessary, as Article 166 concerns the funding for regional elections. Meanwhile, there are no activities to fulfil the citizens’ constitutional right to vote. So, a budget is needed,” he said.

At the end of the session, Deputy Chief Justice Saldi Isra gave the Petitioners 14 days to revise the petition and submit the softcopy or hardcopy to the Court no later than Friday, December 27.

Author            : Mimi Kartika
Editor            : Lulu Anjarsari P.
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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