The Petitioners’ legal counsel presenting the main arguments of the judicial review of Law on the Election of Governors, Regents, and Mayors (Regional Election Law) at the preliminary hearing. Thursday (3/12/2026). Photo by MKRI/Panji.

---

JAKARTA (MKRI) — Frans Pekey, a former candidate for Mayor of Jayapura in the 2024 regional election (candidate number 1); Agus Festur Moar, a former candidate for Regent of Sarmi (candidate number 3); and the Chair of the Papua Provincial Youth Organization (Karang Taruna), Jhon Nehemia Mandibo, have filed a petition for judicial review of Law No. 10 of 2016 on the Election of Governors, Regents, and Mayors (Regional Election Law) with the Constitutional Court. The Petitioners argue that the provision allowing a deputy regional head to automatically replace a regional head who dies, resigns, or is dismissed contradicts Article 18 paragraph (4) of the 1945 Constitution.

“The Petitioners are harmed by the enforcement of Article 173 of Law No. 10/2016, as the state may arbitrarily inaugurate a deputy regional head to replace a regional head who has vacated office without due regard to popular sovereignty as guaranteed under Article 1 paragraph (2) of the 1945 Constitution,” said Hendry Syahrial, legal counsel to the Petitioners, during the preliminary hearing of Case No. 95/PUU-XXIV/2026 on Thursday, March 14, 2026, at the Court’s courtroom in Jakarta.

Article 173 paragraph (1) of the Regional Election Law stipulates that in the event a governor, regent, or mayor ceases to hold office due to death, resignation, or dismissal, the respective deputy shall assume the position. Paragraphs (2) through (7) provide technical elaboration of this provision. Therefore, if paragraph (1) were declared unconstitutional, its implementing provisions would likewise be unconstitutional.

The Petitioners contend that Article 8 paragraph (1) of the 1945 Constitution governing presidential succession cannot be directly analogized to regional elections. In their view, there is no pressing urgency to fill a vacancy at the regional level that would justify bypassing democratic procedures. Therefore, the said provision cannot serve as the underlying rationale for Article 173 of the Regional Election Law.

Pekey, who previously served as Acting Mayor of Jayapura from 2022 to 2024, and Moar, former Acting Regent of Sarmi for the same period, emphasized that regional heads must be elected democratically based on the principle of popular sovereignty. They argue that the automatic succession mechanism undermines the democratic mandate enshrined in Article 18 paragraph (4) of the 1945 Constitution.

They further underscored that the office in question is a definitive position vested with full authority, including control over the Regional Revenue and Expenditure Budget (APBD) and leadership of the regional executive for the remainder of the term. Such authority, they argued, cannot be legitimized solely through administrative acts, as its political legitimacy must ultimately be accountable to the people.

According to the Petitioners, appointing a deputy regional head as a replacement is not merely an administrative measure to fill a temporary vacancy, but rather constitutes the filling of a definitive political office. The replacement assumes full political authority and holds legitimacy equivalent to that of a regional head elected through a regional election. Therefore, such authority must originate from a democratic process.

In their petitum, the Petitioners request the Court to declare Article 173 paragraph (1) of the Regional Election Law, insofar as it states that “...the Deputy Governor, Deputy Regent, and Deputy Mayor shall replace the Governor, Regent, and Mayor,” as unconstitutional and not legally binding unless interpreted to mean that such replacement must be conducted through an election mechanism by the Provincial or Regency/City Regional Legislative Council (DPRD), with candidates proposed by political parties or coalitions of nominating parties.

The petition was examined by a panel of constitutional justices chaired by Chief Justice Suhartoyo, alongside Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah. During the advisory session, Justice Guntur highlighted the Petitioners’ legal standing by referring to a previous petition challenging the same provision, which was declared inadmissible in Decision No. 266/PUU-XXIII/2025 due to lack of standing.

“You must clearly explain why you have legal standing, namely what constitutional loss you have suffered. Especially considering that you are all former acting officials. If this petition were granted and the replacement must be carried out through DPRD election instead of administrative appointment, would your constitutional rights be restored? That is what you must explain,” Guntur said.

Before adjourning the hearing, Chief Justice Suhartoyo stated that the Petitioners were granted one opportunity to revise their petition. The revised submission, both in softcopy and hardcopy, must be received by the Court no later than Wednesday, March 25, 2026, at 12:00 PM WIB.

Author: Mimi Kartika
Editor: N. Rosi
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.

Explore the Case: Case No. 95/PUU-XXIV/2026

 

---