By: Anita Permata Sari
The General Election Commission (KPU) emphasizes that it adheres to the applicable regulations and the constitution, namely by continuing to use the decision of the Constitutional Court (MK) in the implementation of the 2024 Simultaneous Regional Head Elections (Pilkada).
For your information, the Constitutional Court’s decision itself is related to the age requirements for regional head candidates and the nomination thresholds, and will continue to be guided until the determination of candidate pairs (paslon).
Chairman of the Indonesian KPU, Mochammad Afifudin, revealed that his party continues to follow the Constitutional Court’s decision until the determination of candidate pairs (paslon) in the regional elections.
With this firmness, it means that the government is not playing around in implementing the constitution, that is, it is not just using the Constitutional Court’s decision during candidate registration, but also right up to the time of determination.
The KPU chairman emphasized this to dispel the notion that the Constitutional Court decision read out on Tuesday (20/8) was only guided by the time of candidate registration.
The MK decisions in question are Decision Number 70/PUU-XXII/2024 and Decision Number 60/PUU-XXII/2024.
In considering Decision Number 70/PUU-XXII/2024, the Constitutional Court emphasized that the age requirements for regional head candidates as regulated in Article 7 paragraph (2) letter e of the Regional Election Law must be calculated from the time the candidate pair is determined, not when the candidate pair is appointed as regional head.
Then, Decision Number 60/PUU-XXII/2024 changed the threshold for nominations for regional heads. The Constitutional Court annulled Article 40 paragraph (3) of the Regional Election Law and declared Article 40 paragraph (1) of the Regional Election Law conditionally unconstitutional.
Through this decision, the Constitutional Court stated that political parties that do not get seats in the DPRD can nominate regional head candidates. The calculation of the requirements for nominating candidate pairs is only based on the results of valid votes obtained in the elections in the area concerned, which ranges from 6.5 to 10 percent.
So that from 27 to 29 August, when registering regional head candidates throughout Indonesia, they will still be guided by the Constitutional Court’s decision. In fact, the results of this policy are not only related to age requirements and thresholds, but also to campaigns in universities.
It is known that the Constitutional Court through Decision Number 69/PUU-XXII/2024 allows regional head election campaigns to be carried out on campus, as long as they have obtained permission and do not carry campaign attributes.
The KPU will follow up on all MK decisions in accordance with orderly procedural steps, namely by consulting with the DPR.
Meanwhile, Deputy Chairman of the DPR RI, Sufmi Dasco Ahmad, emphasized that the ratification of the revision of the Regional Election Law which was originally planned for today, Thursday (22/8/2024) was canceled. For this reason, he emphasized that the regulations regarding registration for the Pilkada on 27 August 2024 will still refer to the two most recent Constitutional Court Decisions regarding Pilkada, not the Supreme Court Decision.
Deputy Chairman of the DPR RI Legislative Body (Baleg) Achmad Baidowi asked the General Election Commission (KPU) to implement the decision of the Constitutional Court (MK) regarding the threshold requirements for candidacy in the Regional Head Election (Pilkada). Baidowi said that the Constitutional Court’s decision was used as the legal basis for registration for the 2024 Pilkada because the plenary session to ratify the Pilkada Bill was canceled today, so the bill could not become law.
All parties continue to strive to realize the 2024 Pilkada event well, namely remaining obedient and upright to the constitution so that democratization in Indonesia can continue to run optimally.
Moreover, because the momentum of the upcoming Pilkada is very important for this nation because it will be the first simultaneous Regional Head Election, therefore its success is very important.
Democracy and Pilkada are like chains that are interconnected with each other. Pilkada is a form of democracy while democracy will be built starting with community involvement in choosing their own leaders through Pilkada. Meanwhile, regional elections must be carried out democratically where all people’s rights to vote and vote can be fulfilled without discrimination in any way.
Democracy holds a lot of hope for people who want changes in governance. The transfer of power to the people is a basic principle of democracy and is an important substance for carrying out state life.
The people have great power to organize, carry out and supervise the implementation of government policies at all levels. Democracy changes society’s perspective regarding government management from command to deliberation.
Democracy actually has the power and sovereignty of the people which is used to regulate and manage the lives of the people themselves. These arrangements are delegated to representatives elected through a general election mechanism. This means that democracy recognizes the existence of every individual to be involved in the government process from start to finish. People’s involvement in political and government life includes decision making to policy evaluation. The role of the people in democracy is the spirit of the wheels of government.
With the firmness and decisions that the KPU and DPR have taken, it proves that state institutions remain firmly guided and obedient and upright to the applicable constitution, namely the Constitutional Court’s decision which is final and binding. So that the 2024 regional elections can take place with full democratic success to produce leaders who are full of legitimacy.
*) Indomedia Gala Political Observer
