KPU Chair: PKPU Election Campaign To Be Revised Immediately

Chairman of the KPU Hasyim Asy'ari. (ANTARA/Tri Meilani Ameliya)

Chairman of the General Elections Commission (KPU) Hasyim Asy'ari stated that his party would immediately revise KPU (PKPU) regulation number 15 of 2023 regarding election campaigns.

"As a consequence of the Constitutional Court's decision number 65/PUU-XXI/2023, we will revise the PKPU, especially regarding the ban on campaigns in places of worship, then a campaign is allowed at places of education and government facilities," he said as quoted by ANTARA, Tuesday, August 29.

He stated that the PKPU revision is currently in draft preparation. In addition, the KPU must discuss with various parties such as the Ministry of Education, Ministry of Religion, political parties and related institutions. Later, the PKPU will be consulted with Commission II of the DPR.

The KPU will regulate educational institutions that may be used as places for election campaigns only for universities.

Hasyim explained that universities are the only educational institutions whose entire community already has the right to vote in the election.

He emphasized that this was in accordance with the provisions in the Law (UU) on Elections, which prohibits the involvement of citizens who have not been categorized as voters in campaign events.

"In high school (SMA) it is still partly under 17 years old, and some of it is 17 and above," he said.

Previously, the Constitutional Court (MK) granted part of the petition for the judicial review of Law Number 7 of 2017 concerning General Elections (UU UU UU Pemilu) submitted by Handrey Mantiri, on Tuesday (15/8/2023) in the plenary session of the Constitutional Court.

The Petitioners questioned the ban on campaigning using government facilities, places of worship, and educational places, which are regulated in the explanation of Article 280 paragraph (1) letter h of the Election Law.

"The verdict, adjudicate, grant the petitioners' petition in part," said Chief Justice of the Constitutional Court Anwar Usman accompanied by eight constitutional judges, when expressing the verdict No. 65/PUU-XXI/2023.

The Constitutional Court in the verdict also stated that the explanation of Article 280 paragraph (1) letter h of the Election Law along the phrase Government facilities, places of worship, and places of education can be used if election participants attend without the attributes of the election campaign at the invitation of the party in charge of government facilities, places of worship, and places of education' contrary to the 1945 Constitution and do not have binding legal force.

In addition, the Constitutional Court stated that Article 280 paragraph (1) letter h of the Election Law contradicts the 1945 Constitution and does not have binding legal force as long as it does not mean 'excluding government facilities and educational places as long as they get permission from the person in charge of the place in question and attend without the attributes of the election campaign'.

Thus, Article 280 paragraph (1) letter h of the Election Law reads in full, "using government facilities, places of worship, and educational places, except for government facilities and educational places as long as they get permission from the person in charge of the place in question and attend without the attributes of the election campaign".