The petitioners of the judicial review of the Regional Election Law submitting revisions to their petition before the Constitutional Court’s panel of justices on Thursday (10/30/2025). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another petition revision hearing for Case No. 185/PUU-XXIII/2025, which challenges the constitutionality of Article 7 paragraph (2) letter t of Law No. 10 of 2016 on the Second Amendment to Law No. 1 of 2015 on the Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors (Regional Election Law). The hearing took place in the Court’s plenary courtroom on Thursday, October 30, 2025, presided over by Chief Justice Suhartoyo and Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah.

The petition was filed by Doris Manggalang Raja Sagala, Jonswaris Sinaga, Amudin Laia, and Roy Sitompul, four Indonesian citizens who contest the provision requiring the resignation of candidates for regional heads from the Indonesian National Police (Polri).

During the hearing, Doris Manggalang Raja Sagala, representing the Petitioners, conveyed several revisions to the judicial review petition. One key change concerned the updated reference to the Constitutional Court Regulation (PMK), from PMK No. 2 of 2021 to PMK No. 7 of 2025.

“In the revised section of the posita, the initial petition only examined the resignation of police officers. In this revision, we expand the review to include the resignation of members of the TNI, Polri, state civil apparatus (ASN), as well as village heads or other equivalent positions, Your Honors,” Doris stated before the bench.

The Petitioners also revised the petitum, requesting the Court to declare that Article 7 paragraph (2) letter t of the Regional Election Law contravenes the 1945 Constitution and is unconstitutional and not legally binding.

“We request that the provision be interpreted to mean that members of the Indonesian National Armed Forces and state civil apparatus (ASN) who are not part of the Integrated Law Enforcement Center (Gakkumdu), as well as village heads or their equivalents, must submit a resignation decree approved by their superior or relevant authority upon being designated as candidate pairs. Meanwhile, members of the Indonesian National Police and ASN who are part of Gakkumdu must submit such a decree upon registering as candidate pairs,” Doris explained.

Also read: 

Court Reviews Resignation Requirement for Police in Regional Election Candidacy

 

Earlier, the Petitioners asserted that the case did not fall under the principle of ne bis in idem, as the provision under review had not been previously examined or ruled upon by the Court. They argued that Article 7 paragraph (2) letter t of the Regional Election Law lacks clarity in defining the resignation mechanism for police officers intending to run in regional elections.

According to the Petitioners, Articles 135 paragraphs (1) and (2) of Law No. 1 of 2015 authorize Polri to investigate and handle criminal acts related to regional elections. Furthermore, Articles 146 and 152 of Law No. 10 of 2016 stipulate that Polri forms part of Gakkumdu, which holds the authority to conduct searches, seizures, and gather evidence in election-related violations.

Author: Utami Argawati
Editor: Lulu Anjarsari P.
PR: Raisa Ayuditha M.
Translator: Yuanna Sisilia

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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