Petitioners’ legal counsel presenting the revised petition at a hearing for Case No. 95/PUU-XXIV/2026 at the Constitutional Court, Wednesday (4/1/2026).

---

JAKARTA (MKRI) — Two former participants in the 2024 regional head elections (pilkada) have challenged the provision on the replacement of regional heads by their deputies, which stipulates that a deputy regional head automatically assumes office when the regional head dies, resigns, or is dismissed. They argued that such a provision has effectively closed their opportunity to run as candidates to replace the regional head.

“The Petitioners are disadvantaged by the enforcement of Article 173 of Law No. 10 of 2016,” said Hendry Syahrial, legal counsel for the Petitioners, at the petition revision hearing for Case No. 95/PUU-XXIV/2026 on Wednesday, April 1, 2026, at the Constitutional Court.

The Petitioners are Frans Pekey, former candidate for Mayor of Jayapura in the 2024 election; Agus Festur Moar, former candidate for Regent of Sarmi in the 2024 election; and Papua Provincial Karang Taruna Chair Jhon Nehemia Mandibo. They argued that the provision on the replacement of regional heads by their deputies contradicts Article 18 paragraph (4) of the 1945 Constitution.

Article 173 paragraph (1) of the Regional Election Law stipulates that in the event that a Governor, Regent, or Mayor ceases to hold office due to death, resignation, or dismissal, the Deputy Governor, Deputy Regent, or Deputy Mayor shall replace them. Paragraphs (2) through (7) further regulate the technical implementation of this provision. Therefore, the Petitioners argued that if paragraph (1) is declared unconstitutional, the implementing provisions should likewise be deemed unconstitutional.

Pekey, who also served as Acting Mayor of Jayapura from 2022 to 2024, and Moar, who also served as Acting Regent of Sarmi from 2022 to 2024, argued that regional heads must be elected democratically based on the principle of popular sovereignty. They further argued that the automatic replacement of regional heads by their deputies undermines the democratic principles enshrined in Article 18 paragraph (4) of the 1945 Constitution.

In their petition, the Petitioners request the Court to declare Article 173 paragraph (1) unconstitutional and not legally binding insofar as the phrase “… the Deputy Governor, Deputy Regent, and Deputy Mayor shall replace the Governor, Regent, and Mayor” is concerned, unless it is interpreted to mean that the replacement of Governors, Regents, and Mayors must be carried out through an election by the Regional Legislative Council (DPRD), with candidates nominated by political parties or coalitions of political parties.

Also read:
Replacement of Regional Heads by Their Deputies Challenged

Author: Mimi Kartika.
Editor: N. Rosi.
PR: Raisa Ayuditha Marsaulina.
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

---