A remote petition revision hearing for the judicial review of the Regional Election Law petitioned by a Blitar student, Binti Lailatul Masruroh, Friday (12/27/2024). Photo by MKRI/Ilham WM.

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Jakarta (MKRI) – The Petitioner of Case No. 173/PUU-XXII/2024 revised the petition on the judicial review of Article 166 paragraph (1) and paragraph (3) of Law No. 10 of 2016 on the Elections of Governors, Regents, Mayors or commonly called as the Regional Election Law. Petitioner Binti Lailatul Masruroh requested that the funding for regional elections come from the state budget and be supported by the local government budget based on the Ministerial regulation.

“Considering that the general and regional election agenda are held simultaneously, the cost for the regional election which is currently sourced from the regional government budget, should be taken from the state budget,” Binti said during the petition revision hearing she attended online on Friday, December 27, 2024.

The Petitioner stated that the cost of the regional election from the regional budget may affect the independence of the election organizer. The budget setting by the election organizer is often restrained because it needs approval from the regional head, who is also the incumbent and its supporting political parties in the regional house of representatives.

In the revised petitum, the Petitioner requested the Court to declare Article 166 paragraph (1) of the Regional Election Law contradicts the 1945 Constitution of the Republic of Indonesia and does not have legally binding power as long as it is not interpreted as “The funding for Election shall be borne by the State Revenue and Expenditure and may be supported by the Regional Revenue and Expenditure based on the Ministerial Regulation.” The Petitioner also asked the Court to declare Article 166 paragraph (3) of the Regional Election Law contradicts the 1945 Constitution and does not have legally binding power as long as it is not interpreted as “Further provisions regarding the funding for election activities sourced from the State Revenue and Expenditure shall be regulated by Laws and Regulations.”

Also read: Fearing Misuse of Regional Budget, Student Challenges Regional  Election Law

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.”

This case was heard by the Panel of Justices led by Deputy Chief Justice Saldi Isra, accompanied by Justice Daniel Yusmic P. Foekh and Justice M. Guntur Hamzah. Before closing the hearing, Deputy Chief Justice Saldi Isra stated that the proceeding would be reported to the Justices' Deliberation Meeting to determine whether the case would be further examined or decided without further examination. (*)

Author            : Mimi Kartika
Editor            : Lulu Anjarsari P.
Translator       : Rizky Kurnia Chaesario/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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