The Constitutional Court Decides On The Implementation Of The Presidential And Regional Head Elections To Be Separated

Constitutional Court (MK) Building in Jakarta. (ANTARA-Maria Rosari)

JAKARTA - The Constitutional Court (MK) has decided that the national and regional elections (elections) will be separated by a minimum interval of two years or a maximum of two years and six months.

National elections include the election of members of the DPR, DPD, as well as the presidential and vice presidential elections aka the presidential election, while regional elections consist of the election of members of the provincial DPRD, district/city DPRD, as well as the election of heads and regional representatives or regional elections.

"Granted the petitioner's petition in part," said Chief Justice of the Constitutional Court Suhartoyo reading the verdict No. 135/PUU-XXII/2024 in the Plenary Court Courtroom, Jakarta, Thursday, June 26, which was confiscated by Antara.

In this case, the Constitutional Court granted some of the applications submitted by the Association for Elections and Democracy (Perludem) represented by the Chairman of the Management of the Needdem Foundation Khoirunnisa Nur Agustyati and the Treasurer of the Management of the Needdem Foundation, Irmalidarti.

In more detail, the Constitutional Court stated that Article 167 paragraph (3) of Law Number 7 of 2017 concerning General Elections contradicts the 1945 Constitution of the Republic of Indonesia (UUD NRI) and does not have conditionally binding legal force so far is not interpreted as:

"The vote will be held simultaneously to elect members of the DPR, members of the DPD, president/vice president, and after that within a minimum of two years or a maximum of two years and six months from the inauguration of members of the DPR and members of the DPD or since the inauguration of the president/vice president is held simultaneously to elect members of the provincial DPRD, members of the district/city DPRD, and governor/deputy governors/deputy regents, and mayors/deputy mayors on holidays or holidays that are closed nationally.

In another dictum, the Constitutional Court stated that Article 347 paragraph (1) of Law Number 7 of 2017 concerning General Elections contradicts the 1945 Constitution of the Republic of Indonesia and does not have conditionally binding legal force throughout the future is not interpreted as:

"Voting is held simultaneously to elect members of the DPR, members of the DPD, president/vice president, and after that within a minimum of two years or a maximum of two years and six months since the inauguration of DPR members and DPD members or since the inauguration of the president/vice president is held simultaneously to elect members of the provincial DPRD, members of the district/city DPRD, and governor/deputy governors, regents/deputy regents, and mayors/deputy mayors. .

Then, the Constitutional Court also stated that Article 3 paragraph (1) of Law Number 8 of 2015 concerning the Election of Governors, Regents, and Mayors (UU Pilkada) was contrary to the constitution and did not have conditionally binding legal force as long as the future was not interpreted as:

"The election is carried out simultaneously in all regions of the Unitary State of the Republic of Indonesia to elect members of the provincial DPRD, members of the district/city DPRD, and governor/deputy governor, regent/deputy regent, and mayor/deputy mayor who will be held within a minimum of two years or a maximum of two years and six months since the inauguration of DPR members and DPD members or since the inauguration of the president/vice president."

With this decision, the Constitutional Court ordered that regional elections be held after the national election.