MK Decides Regency / City Bawaslu To Be Permanent Institution

Constitutional Court Building (Irvan Meidianto / VOI)

JAKARTA - The Constitutional Court (MK) granted the request of the Election Supervisory Board (Bawaslu) regarding the change in the name of the Regency Panwaslu institution in the Pilkada Law to Bawaslu. The judicial review was passed so that it was in line with the nomenclature in the Election Law.

"Stating that the phrase 'Regency / City Panwas' in Law Number 1 of 2015 does not have legally binding force as long as it is not interpreted as 'Regency / City Bawaslu'," said head of the panel of judges Anwar Usman in his decision, Wednesday, January 29.

According to the Constitutional Court, there will be a variety of regulations in the implementation of the supervisory function, especially in the regional elections, if the nomenclature of election supervisors at the regency / city level is not changed. This non-uniformity can have an impact on legal uncertainty through the emergence of two election supervisory agencies.

The Constitutional Court then adopted the substance of Law 15 of 2011 into the Election Law 7 of 2017, the Regency / City Panwaslu institution which was changed to the Regency / City Bawaslu was designated as a permanent (permanent) institution.

"With the adoption of the substance of Law Number 15 of 2011 into Law Number 7 of 2017, the district / city Panwaslu institutions that were changed to district / city Bawaslu are determined to be permanent institutions, where their members hold office for five years," said the Constitutional Court ruling. which was also endorsed by Aswanto, Saldi Isra, Manahan MP Sitompul, Suhartoyo, Wahiduddin Adams, Arief Hidayat, Enny Nurbaningsih, and Daniel Yusmic P. Foekh.

In addition, the Constitutional Court also decided the composition of the provincial Bawaslu membership as stipulated in Law Number 15 of 2011 as many as three people to be changed to five or seven people according to Law Number 7 of 2017. Where the judicial review of the Pilkada Law was submitted by the Chairperson of the West Sumatra General Election Supervisory Agency Surya Efitrimen and Chairman of the Makassar City Bawaslu Nursari, and members of the Ponorogo Regency Bawaslu Sulung Muna Rimbawan.

Continuing, Bawaslu member Fritz Edward Siregar revealed that the Constitutional Court's decision provided legal certainty for the legality of Regency / City Bawaslu in carrying out its supervisory function in the 2020 Pilkada. The reason is that he assesses that the difference in nomenclature of election supervisors in the Election Law and the Election Law creates legal uncertainty.

"Legal certainty for Bawaslu is very important because Bawaslu will carry out a law enforcement function, a supervisory function, so that the question of legal certainty becomes the basis and has a significant role," said Fritz.

Fritz continued, with Regency / City Bawaslu, it automatically equates the number of provincial Bawaslu members and the number of districts / cities according to the number in the Election Law 7/2017.

"After the Election Law 7/2017, the form of the institution is permanent and the number of members must be adjusted accordingly. Even though the elections and elections were carried out under different regimes and laws, the status and nature of the election organizers remained as stipulated in the Election Law 7/2017, "explained Fritz.