The Petitioners’ legal counsels attending the ruling hearing for Case No. 68/PHPU.BUP-XXIII/2025 disputing the 2024 South Bengkulu regent election results, Monday (2/24/2025). Photo by MKRI/Panji.

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JAKARTA (MKRI) — Gusnan Mulyadi’s term of office must be counted from the issuance of the Bengkulu Governor’s letter dated May 17, 2018, when he was also serving as South Bengkulu vice regent as well as acting regent. This is because the letter confirmed in real and factual terms that Gusnan Mulyadi had carried out the duties and authority of the South Bengkulu regent as stipulated in Article 65 paragraph (4) and Article 66 paragraph (1) letter c of Law No. 23 of 2014. His first term of office as South Bengkulu regent must be calculated from May 17, 2018 to February 17, 2021 or 2 years and 9 months.

On Monday, February 24, 2025, Constitutional Justice Daniel Yusmic P. Foekh read out the Court’s legal considerations at the ruling hearing for Decision No.68/PHPU.BUP-XXIII/2025 on the dispute over the 2024 South Bengkulu regent election results, petitioned by Candidate Number 03 Rifai and Yevri Su.

The Court has examined the provisions of Article 65 and Article 66 of Law No. 23 of 2014 and reviewed some of its decisions. However, it could not find any single regulation that regulates the limitation imposed on the deputy regional head to not carry out one or more duties and authority of the regional head. As stipulated in Article 65 paragraphs (1) and (2) of Law No. 23 of 2014, when the regional head is being detained or temporarily absent, all of their duties and authority are carried out by the deputy regional head without exception.

Excluding the duration of the deputy regional head’s performance of the duties and authority of the regional head while only recognizing their term as the deputy regional head after their inauguration is an incorrect interpretation.  This is because when the deputy regional head has served as an acting regional head, even though it is temporary, the calculation of the term of office begins when they exercise the authority of the regional head.

“The Court states that Gusnan Mulyadi has served more than half of the term of office of the regent in the first term (2016-2021) and has also served the full term of office of the regent of South Bengkulu in the second term (2021-2024). Therefore, Gusnan Mulyadi has served for two terms, so the Petitioners’ argument is justified according to the law,” stated Justice Daniel Yusmic P. Foekh.

Also read:

Former South Bengkulu Regent Gusnan Mulyadi’s 2024 Candidacy Deemed Legally Flawed

South Bengkulu Elections Commission: Gusnan Mulyadi Has Not Served Two Terms

Dispute Over Office Term Calculation for Former South Bengkulu Regent Gusnan Mulyadi

Finding Replacement

According to the Court, Gusnan Mulyadi did not fulfill the provisions of Article 7 paragraph (2) letter n of Law No. 10 of 2016 and had undermined the principles of organizing a regional election that is fair, democratic, and with integrity. In order to strengthen the legitimacy of the results of the 2024 South Bengkulu regent election which is fair, democratic, and with integrity, the Court disqualified Gusnan Mulyadi. The Court also ordered the South Bengkulu Regency KPU (Elections Commission) to conduct a revote without including Gusnan Mulyadi as a candidate.

“Meanwhile, regarding vice regent candidate li Sumirat, the Court considers it fair to retain him to participate in the revote in the election, which is entirely up to the proposing or supporting political party or coalition of political parties to find a replacement for Gusnan Mulyadi,” explained Justice Daniel Yusmic P. Foekh at the hearing chaired by Chief Justice Suhartoyo, alongside the other constitutional justices,

Also read:

Petition for Case No. 68/PHPU.BUP-XXIII/2025  
Response by the Respondent
Statement by Bawaslu
Statement by the Relevant Party

Author               : Sri Pujianti
Editor                : N. Rosi
Translator         : Dinita Aktivia/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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