MK: Incumbent Campaign To Vote For Regional Head Elections Must Leave

Screenshot - Chief Justice of the Constitutional Court Suhartoyo during the trial for the pronouncement of the verdict in the Plenary Court Session Room, Jakarta, Thursday (2/1/2024). (ANTARA/Fath Putra Mulya)

JAKARTA - The Constitutional Court (MK) has decided that the head or deputy head of the incumbent region must undergo leave outside the responsibility of the state and be prohibited from using facilities related to his position at the campaign stage, calm period, and voting day.

This provision is a new meaning of the Constitutional Court against Article 70 paragraph (3) of Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors (UU Pilkada). In this case, the Constitutional Court granted part of the request for judicial review submitted by the Head of Bojongsari Village, Kebumen, Central Java, Edi Iswadi.

"Granted the petitioner's petition in part," said Chief Justice of the Constitutional Court Suhartoyo reading the verdict No. 154/PUU-XXII/2024 in the Plenary Court Courtroom, Jakarta, Thursday, January 2, confiscated by Antara.

Article 70 paragraph (3) of the Pilkada Law originally only reads "Governors and deputy governors, regents and deputy regents, mayors and deputy mayors who nominate back in the same area, during the campaign period must meet the provisions: a. undergoing leave outside of state dependents; and b. are prohibited from using facilities related to their positions.

If referring to these provisions, when the campaign period ends, the head or deputy head of the incumbent region will return to office as head or deputy head of the region. Then, during the calm period and voting day, the person concerned will regain his authority and position facilities.

The Court considered that this condition actually opened wide opportunities for abuse of authority and position facilities by the head or deputy regional head who re-nominated in the same area. This has the potential to violate the principles of honest and fair elections.

"This means that regional heads and/or deputy incumbent regional heads have the potential to abuse power related to their resources and facilities that are attached to their positions when leave outside the responsibility of the state is only carried out during the campaign period," Suhartoyo said reading out the considerations of the verdict.

Therefore, in an effort to present honest and fair elections, an additional or extra time is needed in undergoing leave outside the responsibility of the state and a prohibition on using office facilities for the incumbent head or deputy head of the region.

Not only until the campaign period ends, but also during calm times and on voting days.

"Because, according to the Court, regional heads and/or deputy regional heads, both incumbent and incumbent, should have equal rights, opportunities, justice and equality in treatment during the campaign period, peace period, and voting day," Suhartoyo added.

On this basis of consideration, the Constitutional Court stated that the article was conditionally unconstitutional as long as it was not interpreted as 'White outside the responsibility of the state and prohibited from using facilities related to its position for regional heads and/or deputy incumbent regional heads, both during the campaign period, the period of calm, and on voting day.'