THE COMMUNITY for Elections and Democracy (Perludem) has decided to withdraw the request for material review of Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning the Determination of Government Regulations in Lieu of Law Number 1 of 2014 concerning the Election of Governors, Regent, and Mayor into law (UU Pilkada). The withdrawal of the application was conveyed via electronic letter sent by the Petitioner via his attorney at 05.57 WIB.
“It is true that the principal sent the letter through his attorney regarding the withdrawal of the application. “The reason is that based on (the panel of judges’) advice and taking into account the results of the first trial, we are considering resubmitting it at the same time as mapping the national elections later,” explained Fadli Ramadhanil as the Petitioner’s attorney at the hearing at the Constitutional Court (MK), Thursday (7/3).
Previously,eludem in application file Number 29/PUU-XXII/2024 tested Article 201 paragraph (7), paragraph (8), and paragraph (9) of the Regional Election Law. In essence of his petition, Tulisdem asked the Constitutional Court to give new meaning to this norm so that simultaneous national regional election voting would be held in March 2025 and its inauguration would be no later than July 2025.
“It is important to rearrange the schedule for holding simultaneous regional head elections, simultaneous inaugurations, and their relationship with strengthening the presidential system and national and regional development systems,” said Fadli Ramadhanil in the inaugural session on Friday (23/2).
Provisions in the Pilkada Law mandate a schedule for holding regional elections in November 2024. The KPU has also decided that it will hold regional election voting on November 27 2024. In fact, according to Lucudem, recently there have been instructions indicating that simultaneous regional election voting in all regions of Indonesia will brought forward to September 2024.
Needem assesses that the provisions in the Regional Election Law will have implications for the many stages of the 2024 Regional Election which will intersect with the stages of the 2024 national election to elect the President and elect legislative members of the DPR, DPD, Provincial DPRD and Regency/City DPRD (presidential and legislative elections). The intersection of these stages will clearly result in a complex, cumbersome and irrational workload for election organizers, especially the KPU.
Also read: Still in recess, DPR is absent from the material review session of the Regional Election Law
Needem is of the opinion that it is not only a technical problem in holding elections, determining the schedule for the stages of regional elections also has a direct impact on the management of holding elections and the quality of people’s sovereignty to determine their own governors and deputies, regents and deputies, as well as mayors and deputy mayors.
Thus,eludem stated that determining the schedule for holding regional elections on November 27 2024 would raise constitutional problems, namely that it would not be possible to hold regional elections honestly, fairly and democratically. The Court considers it important to provide constitutional protection by providing a new interpretation of the provisions of the a quo law and deciding on the schedule for holding regional elections to be held in March 2025 and the inauguration must be held in July 2025.
(Z-9)
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