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Cancels Revision of Regional Election Law, KPU Ensures to Follow MK Decision

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Jakarta – The General Election Commission (KPU) of the Republic of Indonesia ensures that the implementation of the 2024 Regional Head Election (Pilkada) will fully comply with the decision of the Constitutional Court (MK), starting from the age requirements of candidates to the nomination threshold. The Chairman of the Indonesian KPU, Mochammad Afifuddin, emphasized that the Constitutional Court’s decision will be the KPU’s main guideline until the process of determining candidate pairs (paslon) is complete.

“[The Constitutional Court’s decision] will continue to be guided by, until the determination of the candidate pairs,” said Afifuddin at a press conference. This statement also dismisses the notion that the Constitutional Court’s decision will only be followed during candidate registration.

The Constitutional Court decisions in question are Decision Number 70/PUU-XXII/2024 and Decision Number 60/PUU-XXII/2024. In Decision Number 70/PUU-XXII/2024, the Constitutional Court emphasized that the age requirements for regional head candidates must be calculated from the time the candidate pairs are determined, not at the time of inauguration.

Meanwhile, Decision Number 60/PUU-XXII/2024 brought significant changes to the nomination threshold. The Constitutional Court annulled Article 40 paragraph (3) of the Regional Election Law and stated that the threshold was only based on the results of valid votes in regional elections, ranging from 6.5 to 10 percent. With this decision, political parties that do not get seats in the DPRD can still nominate regional head candidates, opening up wider opportunities for political participation.

Afifuddin also emphasized that the registration of regional head candidates which will take place on 27–29 August 2024 will follow the latest KPU (PKPU) regulations which have been adjusted to the MK decision.

“What is certain is that on August 27-29, when registering regional head candidates in all regions in Indonesia, the regulations or PKPU will be guided by the MK’s materials or decisions,” he explained.

Apart from that, the KPU will accommodate other changes mandated by the Constitutional Court, including campaign regulations in universities. Decision Number 69/PUU-XXII/2024 from the Constitutional Court allows campaigns on campus provided they have obtained permission and do not carry campaign attributes.

“We definitely have to follow that, we treat it the same way and then we will immediately adopt it and include it in our campaign settings,” added Afif.

To ensure orderly implementation and in accordance with procedures, the KPU will hold a consultation meeting with the DPR through a hearing (RDP) on Monday (26/8/2024), one day before candidate registration begins. This step was taken as part of the KPU’s commitment to carrying out its duties transparently and accountably, as well as ensuring that there are no procedural violations in this crucial democratic process.

With the KPU’s compliance with the Constitutional Court’s decision, it is hoped that the 2024 regional elections will run more democratically and provide equal justice for all regional head candidates. The KPU continues to demonstrate its commitment to maintaining integrity and fairness in elections, as well as opening up space for wider political participation for the public.

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