Mahfud MD Gives 5 Alternatives To Follow Up On The Constitutional Court's Decision On Election Separation

Constitutional Law Expert Mahfud MD/PHOTO: Nailin In Saroh-VOI

JAKARTA - Legal and constitutional expert Mahfud MD gave five follow-up alternatives to the decision of the Constitutional Court (MK) on the separation of national and regional elections. First, the positions of the DPRD and regional heads are extended by a law.

"Without an election. Is it okay? Yes. Because the provisions regarding the election, extension, postponement, and so on are regulated by law," said Mahfud MD at the Golkar Party DPP office, Thursday, July 24.

"For example, now that the law is made, the transition period for DPRD members and regional heads is all extended," he continued.

Second, in accordance with today's regulations, the regional head is appointed only as an official, but the DPRD is chosen through the interim elections.

"The interim election is an election outside the official schedule. So the election is between two and two years, or two and a half years. The term of office is until 2031, after that there will be another simultaneous election with the regional head," explained the former Chief Justice of the Constitutional Court.

Third, the regional head who was extended by acting. Meanwhile, the DPRD is extended by law without interim elections.

"But this will also be noisy," said Mahfud.

Fourth, the interim elections for the DPRD and regional heads as well as for the transition period.

"There is an extreme. Fifth, the extreme one is back in the Pilkada by the DPRD, because it is possible," said Mahfud.

Mahfud explained that there are two regimes of elections. One, the rules of article 22D of the Constitution, namely the election is only for the DPR, DPD, president, vice president and DPRD.

"That's what is called an election according to the article on the election. The regional elections are not included there. Then the regime article 18 of the Constitution is about the Pilkada. The article is different from the election, so they decide that the Pilkada can be directly, may go through the DPRD, it may not be directly," he said.

Second, the government and the DPR chose directly. "So go back to the regime there. So that it creates a decision from the Constitutional Court which now causes problems for us. But if not, then it's back there, it's actually finished," explained Mahfud.

"It's just going to back down. I don't recommend it. Only that can be an alternative. I prefer elections like now, both directly. But the schedule is a problem," he concluded.