Yusril Ihza Mahendra: If The 2024 Elections Are Postponed, The President Until The DPRD Is Illegal
JAKARTA - Constitutional law expert Yusril Ihza Mahendra highlighted the proposal for the 2024 General Election which was echoed by a number of state officials and high-ranking political parties.
He explained that elections are the implementation of people's sovereignty whose implementation is regulated in the 1945 Constitution of the Republic of Indonesia Article 1 paragraph 2. Elections are held once in five years to elect members of the DPR and DPD, then form the MPR.
"Specifically, Article 22E of the 1945 Constitution imperatively states that general elections to elect members of the DPR, DPD, President and Vice President and DPRD are held every five years," Yusril told reporters, Sunday, February 27.
These provisions, he continued, are closely related to the terms of office of members of the DPR, DPRD, DPD, President and Vice President. After five years since being sworn in, explained Yusril, the term of office of the state administrator ends automatically. Yusril also questioned the basis on whether the state administrators took office and exercised their power, if the election was postponed beyond the five-year time limit.
Because according to him, there is no legal basis at all that regulates it. If forced to be postponed, said Yusril, then all state administrators from the President and Vice President, members of the MPR, DPR, DPD to DPRD are "illegal" aka "illegitimate" or "illegitimate".
“If the state administrators are all illegal, then there is no obligation for the people to obey them. The people will go their own way according to their own will," said Yusril.
He emphasized again, the people have the right to disobey the president, vice president, ministers, to disobey the DPR, DPD and also to the MPR.
"The people have the right to reject any decision they make because the decision is invalid and even illegal," he continued. Yusril added, in that condition, the only state administrators (executives) who are still legal at the central level are the TNI Commander and the National Police Chief. can be dismissed by the president by taking into account the considerations and approval of the DPR. "How to replace it, the President and the DPR alone are not legal and illegal," he concluded.