Mahfud MD: Forcing Postponed Elections Causes Legal Problems

Coordinating Minister for Political, Legal and Security Affairs Mahfud MD (ANTARA)

Coordinating Minister for Political, Legal and Security Affairs Mahfud MD during a working visit to North Sulawesi said there would be legal problems if the postponement of the election was forced.

"Okay, the election doesn't happen, then how about this if it has to be postponed, the Constitution is changed," said Coordinating Minister Mahfud in Manado, Saturday, quoting Antara.

According to him, changing the Constitution would cost politics, social costs, and the cost of the money would be much more expensive than delaying elections.

"Try to imagine this," he said, on October 20, 2024 President Jokowi's term of office expires, because according to the constitution article 7, it is called once a five-year election, a five-year presidential term.

"So on October 20 it runs out, continuously because there is a decision by the Supreme Court or the court is postponed by the election, it must change the Basic Law because the MPR or DPR cannot make laws change the election schedule," he said.

"The election schedule is a constitutional content, not a legal content," he said.

"The technical schedule for elections is indeed in law but the periodic definitive schedule is that the constitutional content cannot be changed by law or by law, it must be the constitution maker," he said.

The constitution maker, if the assumption is that a political party in the MPR or MPR consisting of a political party, there cannot be a constitutional change because the condition for changing the constitution must be attended by at least 2/3 of MPR members.

"Well, if now there is a change in the schedule for the election and then the MPR wants to have a hearing, let's go to the session, PDIP doesn't want to attend, Nasdem doesn't want to be postponed, Democrats don't want to, so there's no quorum, not up to 2/3 present at the trial," he said.

As a result, the MPR trial is invalid and the situation will become chaotic since October 21 in 2024.

"Therefore, let's ensure that the election will not be postponed even though there is a decision from the North Jakarta District Court because it is not his authority," he said.

According to Coordinating Minister Mahfud, making a new constitution, inviting the MPR session to make political agreements to make changes to the election schedule, it will be much more expensive for socio-political costs than by delaying elections.

"That's very expensive. Let's take care of this our constitutional life," he said.

Even if maybe one day there will be an extension of the position, but don't be associated with the current situation.

"That's just for the long term, after the election, then we'll rethink it tomorrow. If one day we need an extension, what will we think about it," he said.

This, he said, should not be considered, because now the election schedule has been set, it is agreed, the stages have started.