Constitutional Court Decision on Regional Elections Canceled, People Protest



KONTAN.CO.ID - JAKARTA. A growing number of citizens have taken to the streets in protest against the House of Representatives (DPR) political elite, accusing them of disregarding the Constitutional Court's ruling on the age and threshold requirements for regional head candidates. 

On Thursday (22/28/2024), labor groups are prepared to surround the people's building in Senayan. "A thousand workers will protest at the DPR," said Ferri Nurzali, Secretary General of the Labor Party, in his statement yesterday.

The workers' demands include supporting the Constitutional Court's decision and rejecting the DPR's Legislative Body's (Baleg) maneuvering of the Regional Election Law revision. 


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Student groups have also begun to mobilize, leaving their campuses to voice their rejection of the government and the DPR, which they believe are not aligned with the people's will.

For instance, the Bandung Institute of Technology Student Family (KM ITB) has called for a demonstration at the Red Square in Bandung, West Java. "Ganesha is Ready to Rage Again," reads the call circulating in WhatsApp groups. 

Meanwhile, student activists from the Bandung Islamic University are set to hold a field oration at the West Java DPRD Building. "The People Sue the State," is the call to action for this protest.

Indeed, public scrutiny is now focused on the House of Representatives (DPR) in Senayan, following the Constitutional Court's ruling on regional elections. The DPR and the government are suspected of annulling two of the Court's rulings on the threshold and age limit for regional head candidates.

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With the Constitutional Court's decision in case Number 60/PUU-XXII/2024, the requirements for political parties to nominate regional head candidates have changed.

Previously based on the number of DPRD seats, it now depends on the votes received in the last legislative election. This means political parties without DPRD seats can now nominate regional head candidates, provided they meet the minimum vote requirement.  

The Constitutional Court's decision in case No.70/PUU-XXII/2024 serves as a reference for the age requirement of regional head candidates in the Regional Election Bill, which stipulates that the minimum age for governor and deputy governor candidates must be 30 years old when designated as a candidate pair.

Consequently, Kaesang's chances of running in the Central Java Regional Election could be thwarted due to his insufficient age. However, if calculated after his age limit at the time of inauguration, the son of President Jokowi meets the requirement.

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Nevertheless, the DPR is attempting to annul both of these Constitutional Court rulings. This is because the Government and the DPR have agreed on the revision of the Regional Election Law or the Regional Election Bill at the first-level decision-making meeting in the DPR's Legislative Body (Baleg). 

Baleg only changed the threshold for regional head nominations for political parties without DPRD seats. However, the Constitutional Court's ruling clearly states that the threshold change also applies to political parties with DPRD seats.

Regarding the age limit for regional heads, Baleg circumvented it by stating that the minimum age of 30 years is counted from the inauguration of the elected pair. Baleg justified the adjustment of the age requirement for nominations following the Supreme Court's (MA) decision No.23 P/HUM/2024, which stipulates that the age limit for regional head candidates is "counted from the inauguration of the elected candidate pair. 

Titi Anggraini, a member of the Board of Trustees of the Association for Elections and Democracy (Perludem), stated that the Constitutional Court's decision is a test of the constitutionality of the Law against the Basic Law.

Therefore, the Constitutional Court's decision must be adhered to by all parties, including the DPR, the Government, and the Supreme Court.  "When the Constitutional Court has given an interpretation, that is the provision that all parties must follow. Whether they like it or not," she explained yesterday. Titi also emphasized that the Constitutional Court's decision cannot be pitted against the Supreme Court's decision. 

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It should be noted that of the nine factions in parliament, only the PDI Perjuangan rejected the Regional Election Bill being brought and ratified at the second-level decision-making meeting or the DPR plenary meeting held today. "The decision to revise the Regional Election Law is a decision that is not in line with the people's will," she concluded.

The PDI Perjuangan faction requested an objection note at the plenary meeting later if the discussion of the Regional Election Bill negates the Constitutional Court's decisions number 60 and 70.

Christina Aryani, a member of the DPR from the Golkar Party faction, claimed that the DPR did not interfere with the Constitutional Court's authority in testing the law. According to her, the DPR has the authority to form laws.

"The DPR, together with the government, is discussing this draft law revision in response to the Constitutional Court's decision and the Supreme Court's decision," said Christina.

Editor: Syamsul Azhar