KPU to Change Regional Head Nomination Rules Following MK Decision

Chairman of the Indonesian General Elections Commission (KPU RI) Mochammad Afifuddin. (Antara Photo/Aditya Pradana Putra)

CHAIRMAN of the Indonesian General Elections Commission (KPU) Mochammad Afifuddin said that his party would change the rules of the game regarding regional head nominations as stated in KPU Regulation (PKPU) Number 8/2024.

This was done after the Constitutional Court (MK) issued a number of judicial review decisions related to regional head nominations on D-7 before registration began.

According to him, the revision of the PKPU will be carried out by referring to the existing provisions. “Making changes to PKPU Number 8/2024 in accordance with the mechanism for the formation of laws and regulations by considering the stages and schedule of the 2024 Pilkada,” he said in Jakarta, Tuesday (20/8) night.

The revision of the PKPU is one of the follow-ups carried out by the KPU after the Constitutional Court read out its decision regarding the nomination of regional heads which was appreciated by several parties. Afif said that his party would first study in more detail the copy of the Constitutional Court’s decision comprehensively. “To fully understand the requirements for constitutional regional head candidates after the Constitutional Court’s decision.”

In addition, the KPU will also conduct consultations with the Indonesian House of Representatives and the government as the lawmakers through a hearing (RDP). Afif said that the KPU will soon send an official letter to Commission II of the Indonesian House of Representatives. “We will also socialize this decision to political parties,” he said.

Afif emphasized that all follow-ups carried out by the KPU on the Constitutional Court’s decision followed the previous procedure, namely consulting with other stakeholders. At least, there are two Constitutional Court decisions that are in the KPU’s spotlight because they are considered to have the potential to change the nomination requirements.

Also read: KPU Letter of Commission II regarding the change of Minimum Age Requirements for District Head Candidates

First, the Constitutional Court Decision Number 60/PUU/XXII/2024 which overhauled the threshold for nominating political parties or coalitions of political parties to nominate candidate pairs. The Constitutional Court lowered the threshold and aligned it with the requirements for support from individual or independent candidates.

In the same ruling, the Constitutional Court also annulled the policy that stipulated that the nomination threshold only applies to political parties that have seats in the DPRD. Thus, political parties participating in the election that do not have seats can still nominate regional head candidates.

Second, the Constitutional Court Decision Number 70/PUU-XXII/2024 which confirms that the minimum age limit for regional head candidates is calculated from the determination of the candidate pair. This invalidates the interpretation made by the Supreme Court (MA) previously that the age limit was calculated from the time the elected candidate pair was inaugurated. (J-2)

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