KPU Ensures that the Constitutional Court’s Decision Will Automatically Apply in the 2024 Regional Elections
Jakarta – The General Election Commission (KPU) emphasized that the decision of the Constitutional Court (MK) regarding the 2024 Pilkada nominations will immediately take effect if the revised KPU Regulations (PKPU) regarding nominations cannot be issued on time. The Chairman of the Indonesian KPU, Mochammad Afifuddin, explained that the Constitutional Court’s decision was final and binding, so it could immediately become a legal basis. “In principle, once the Constitutional Court’s decision is read, it is valid. So, we will do that,” said Afifuddin in a press conference, Thursday (22/8/2024).
The PKPU revision is needed to adjust the nomination rules to the Constitutional Court decision which was just published on Tuesday (20/8/2024). However, with time increasingly pressing ahead of the registration period for regional head candidates on 27-29 August 2024, there are concerns that the PKPU revision will not be completed on time.
Afifuddin gave an example of a similar situation that occurred in 2023, when the Constitutional Court suddenly changed the minimum age requirements for presidential and vice presidential candidates. Even though the KPU has not had time to revise the PKPU regarding age requirements, the nomination remains valid because it refers to the applicable MK decision. “This situation is similar to the change in age requirements for presidential and vice-presidential candidates last year, we are guided by the Constitutional Court’s decision,” he explained.
To ensure procedural compliance, the KPU will continue to hold consultation meetings with the government and DPR RI on Monday (26/8/2024). “We are carrying out this consultation as a form of orderly procedure,” said Afifuddin. In accordance with Constitutional Court Decision Number 92/PUU-XIV/2016, the KPU is required to consult before issuing a PKPU.
However, Afifuddin emphasized that the results of the consultation meeting were not binding. The KPU still has the authority to determine its own position after consultation with legislators. This refers to another Constitutional Court decision issued in 2017, which confirmed the KPU’s independence in determining election regulations.
