Although Admitting It Is Complicated, Mahfud MD Suggests The DPR-Government To Implement The Constitutional Court's Decision To Separate Elections

JAKARTA - Constitutional Law expert Mahfud MD advised the DPR and the government as legislators to implement the Constitutional Court's (MK) decision on the separation of national and local elections, although it has created new complexities.

Mahfud said that the Constitutional Court's decision, including Decision Number 135 / PUU-XXII / 2024, was final and binding so that it had to be carried out.

"The decision must not be carried out, it must be implemented. In my opinion, the Constitutional Court's decision must be accepted even though it creates new legal complexities," said Mahfud, who is also the former Chief Justice of the Constitutional Court, in a written statement Wednesday, July 9, which was confiscated by Antara.

Mahfud views that the Constitutional Court's decision to order the election of the DPRD and regional heads/deputy heads 2 or 2.5 years old to be held since the inauguration of members of the DPR, DPD, or president/vice president starting in 2029 has the potential to cause problems.

With this decision, he added, the positions of governors, regents, and mayors throughout Indonesia will experience a vacancy. Even though it can be appointed as regional head, it is feared that democratic rights will be saved because the break period can be up to 2.5 years.

"The MK has made legal complexities, I also see that the Constitutional Court is too involved in open legal policies, it should not be regulated by the Constitutional Court, what problems are scheduled, it should be a matter of legislators. Is there a violation of open legal policies, a lot. But if it really violates the Constitution, if this is, what, there is no violation of the law," he said.

Mahfud also highlighted the legal construction of the regional head election schedule which had been repeatedly tested to the Court.

In 2004, he explained, there was already a Constitutional Court Decision Number 072-073/PUU-II/2004 which stated that democratic elections that apply to regional elections can be carried out directly or indirectly.

"With the Constitutional Court's decision, it can be wild, it can appear again, 'Yes, then we just go back to the DPRD, the wong used to be supported and already running.' It could be because the word Constitutional Court can directly or indirectly be the same constitutionality. Maybe it could go wild there later, "he said.

Meanwhile, regarding the types of constitutional elections, Mahmud said that the Constitutional Court in Decision Number 14/PUU-XI/2013 decided that the presidential/vice-presidential elections and election members of representative institutions, namely the DPR, DPD, and DPRD, will be held simultaneously starting in 2019.

However, through his latest decision, Mahmud assessed that the Constitutional Court was inconsistent, entered the realm of open legal policy, and had the potential to trigger political upheaval.

"But we still have to be constitutional. This Constitutional Court decision must be implemented, in the sense that a law must be made immediately, whatever the end of the law, whether to the original Decision Number 72 or to the other end, it is a debate on the political field," he said.