KPU Allows Elected Candidate Inauguration To Try To Participate In The 2024 Pilkada Following, Expert: Form Of Understanding

KPU building in Central Jakarta. (Between)

The General Election Commission (KPU) has allowed the inauguration of elected legislative candidates (caleg) for the 2024 General Election to run as regional head candidates after being declared defeated in the 2024 Pilkada.

University of Indonesia (UI) electoral law expert Titi Anggraini assessed that the KPU's stance was a trick to secure the elected legislative seat in parliament while trying to participate in the 2024 Pilkada contestation.

"If there is a follow-up inauguration of members of the DPR and DPD for those who run for the regional elections, then this is a form of trick to smooth the interests of a handful of people," Titi said in a short message, Sunday, May 12.

The oath/promise of the DPR and DPD candidates from the 2024 General Election is scheduled for Tuesday, October 1, 2024. Meanwhile, Provincial and Regency/City DPRD members are adjusted to the end of their respective positions.

On the one hand, the 2024 Pilkada vote will be held on November 7, 2024.

Titi reminded that Law Number 13 of 2019 concerning the MPR, DPR, DPRD, DPD (UU MD3) stipulates that the inauguration of members of the DPR, DPD, and DPRD is carried out together.

In fact, KPU Regulation Number 6 of 2023 concerning Electoral Areas and Allocation of Seats for Members of the DPR, the Provincial DPRD, and the Regency/City DPRD in the 2024 General Election stipulate that proposals for further inauguration are only made if candidates for DPR/DPD/DPRD members are elected as suspects in corruption crimes.

So, if the elected candidates of the DPR and DPD can be inaugurated for reasons of advancing to the regional elections, then this is unconstitutional because it has damaged the principle of togetherness of position in law and government.

"Do not let the statement by the Chairman of the KPU be an order from the elected candidates of the DPR and DPD who run for the 2024 regional elections but still want to secure the seats of the DPR and its DPD if they lose the election. If that happens, then the law has been manipulated and engineered for the personal interests of a handful of people," said Titi.

Previously, the Chairman of the Indonesian KPU, Hasyim Asy'ari said that the elected candidate in the 2024 General Election, did not need to resign if he participated in the 2024 Simultaneous Regional Elections.

"It is not mandatory to resign from office. Isn't it inaugurated and in office, what position do you resign from?" said Hasyim in his statement.

Hasyim explained that the elected candidates who had to resign from their positions were members of the DPR/DPD/DPRD for the provincial/district/city ranks of the 2019 General Election and were re-elected in the 2024 General Election.

"So the person concerned resigned from the position he is currently occupied," he explained.

In considering the Constitutional Court Decision (MK) Number 12/PUU-XXII/2024 it is important for the KPU to require candidates for DPR members, DPD members, and elected DPRD members who run for regional heads to make a statement that they are willing to resign if they have been officially inaugurated as members of the DPR, DPD members and DPRD members if they continue to run as regional heads.

Hasyim also emphasized the phrase "if it has been officially inaugurated to". For this reason, he assessed that there are no rules regarding simultaneous inauguration for candidates for DPR / DPD / DPRD members in the ranks of the province / district / city.

Then, there is no prohibition for candidates for DPR / DPD / DPRD members in the province / district / city ranks to be sworn in later after losing the regional elections, for example. "Once again, those who must resign are members," said Hasyim.