DPR BALEG IGNORES MK RULING

 DPR BALEG IGNORES MK RULING

The DPR RI Legislative Body (Baleg), Wednesday (21/8/2024) today agreed to bring the draft of the Revised Law (RUU) No. 10 of 2016 concerning Regional Head Elections (Pilkada) to a plenary meeting which is planned to be held tomorrow, Thursday (21/8/2024).

The DPR RI Baleg did not accommodate all decisions of the Constitutional Court (MK), especially decision Number 70/PUU-XXII/2024. Such as the issue of the minimum age limit for gubernatorial and deputy gubernatorial candidates in Article 7.

Furthermore, regarding the minimum age limit for regional head candidates discussed by Baleg earlier, he said that what was tested in the Supreme Court (MA) decision and what was tested in the MK were different.

Regarding the differences in the MA and MK decisions, Aris explained that there was a difference in the age calculation, if in the MA the age is seen at the time of inauguration, while the MK sees the age is seen at the time of registration.

Therefore, according to the Unair Constitutional Law expert, what the DPR RI Legislation Body did this afternoon is certain to violate the constitution.

In addition to the age limit, it is known that the DPR Legislation Body today also discussed two provisions on political parties being able to nominate their partners in regional elections.

First, political parties or coalitions of political parties that have seats in the DPRD are still tied to the minimum provision of 20 percent of DPRD seats, or 25 percent of the previous election vote.

Second, the Legislation Body added that political parties or coalitions of political parties that do not have DPR seats can register their regional head candidates according to the requirements set for individual candidates, namely 6.5 to 10 percent.

In fact, he continued, the Constitutional Court's decision did not regulate this, based on the Constitutional Court's decision, political parties should not be tied to the minimum provision of 20 percent of seats or 25 percent of the previous election vote.

Currently, according to Aris, everything depends on the General Election Commission (KPU) which will follow up by issuing KPU regulations (PKPU), and the KPU should continue to adhere to the Constitutional Court's decision.