Sah, MK Tap Palu Pilkada Simultaneously Still Held November 2024

The Indonesian Constitutional Court Building in Jakarta (ANTARA)

JAKARTA - The Constitutional Court reminded the government and the DPR not to change the schedule for holding the 2024 Simultaneous Pilkada as stipulated in Article 201 paragraph (8) of Law Number 10 of 2016 concerning Pilkada.

The article states that simultaneous national voting in the election of governors and deputy governors, regents and deputy regents, as well as mayors and deputy mayors will be held in November 2024.

This was conveyed by the Constitutional Court in the decision of case Number 12/PUU-XXII/2024 which was read out in the trial of the pronouncement of the verdict in the Plenary Courtroom of the Constitutional Court on Thursday (29/2/2024). This case is a judicial review of Article 7 paragraph (2) of the Pilkada Law proposed by two students, namely Ahmad Alfarizy and Nur Fauzi Ramadhan.

"Pilkada must be carried out in accordance with the schedule consistently to avoid overlapping of the crucial stages of the 2024 Pilkada with the unfinished stages of the 2024 General Election," said Constitutional Court judge Daniel Yusmic P Foekh reading out the considerations of the decision.

"This means that changing the schedule in question will disrupt and threaten the constitutionality of the simultaneous regional elections," Daniel added.

In the decision, said Daniel, the Constitutional Court also requires candidates for members of the DPR, DPD, and the elected DPRD who run for regional head to make a statement that they are willing to resign if they have been officially inaugurated as members of the DPR, members of the DPD and members of the DPRD if they still want to run for regional head. The Constitutional Court, said Daniel, asked the KPU to strictly regulate these conditions.

Furthermore, Daniel said the Constitutional Court was of the view that regarding the arguments of the petitioners regarding the uncommodated provisions for the arrangement of the resignation of candidates for members of the DPR, DPD, DPRD who would become candidates for regional heads, it was not the cause of the candidate for council members or candidates for regional heads reneging on the mandate given by their voters. Including, said Daniel, being a second option in choosing positions for him.

According to Daniel, for positions that are included in the'selected position' group, it becomes a form of flexibility or freedom for voters to make their choice. The reason is, the possibility of assessing the capabilities and integrity of the candidate concerned is more known and felt by voters who are 'users' of candidates for members of the DPR, DPD, DPRD, and even candidates for regional heads.

Therefore, according to the Court, the issue has not been accommodated, it does not have to expand the meaning of the norm provisions of Article 7 paragraph (2) letter s of the Pilkada Law, but this is enough to accommodate the addition of conditions. That the resignation of candidates for members of the DPR, DPD, DPRD before being designated as members has the potential to ignore the principle of togetherness of their position in law and government as guaranteed in Article 27 paragraph (1) and Article 28D paragraph (3) of the 1945 Constitution, "concluded Daniel.