Be wary of DPR and Jokowi’s moves after the cancellation of the Regional Election Bill

DPR RI cancel verification Review of provincial election law to become law at the Full Session, Thursday (22/8). The confirmation was postponed because the participants of the meeting did not meet the quorum.

The Deputy Speaker of the DPR, Sufmi Dasco Ahmad, said that the plenary session was opened at 09.30 WIB. Suspended for 30 minutes. However, the quorum was never achieved after his suspension.

As a result, the DPR failed to pass the bill. Dasco claims that the DPR will not hold a full meeting soon.

He said that even if he wanted to bring it to the next full meeting, that is Tuesday (27/8), that day coincided with the opening of the registration period for candidate pairs in the Pilkada. It is not possible to ratify the regional election law.

In this way, Dasco ensures that the implementation of regional elections 2024 will follow the provisions of the decision of the Constitutional Court (MK) regarding the conditions for the nomination of regional leaders.

The Chairman of the General Election Commission (KPU) Mochammad Afifudin also said that his party had submitted a draft KPU (PKPU) regulation number 8 of 2024 regarding the conditions for regional elections as a follow-up to the decision of the Basic Court -legislative to Commission II of the DPR.

Meanwhile, the wave of ‘Indian crisis’ demonstrations in front of the DPR building grew bigger. This show spread in many areas as well.

After the cancellation of the Pilkada Bill, there are still two working days left before the 2024 Pilkada candidate registration period So, is there still a chance to cancel the Constitutional Court’s decision?

Constitutional Law expert from the University of Brawijaya (UB) Muhammad Ali Safa’at believes that there is no more opportunity for the government to cancel the decision of the Constitutional Court.

However, there are still loopholes through two doors, namely PKPU and the Government Regulations instead of the law (Perppu) related to Pilkada However, this would be unconstitutional as it goes against the decision of the Court Latest Constitution.

“When a law is changed, the situation is that it has not been ratified or suspended, so you automatically have to follow what is in the decision of the Constitutional Court,” said Ali when contact you. CNNDonesia.comFriday (23/8).

So with the statement of the DPR canceling the ratification of the Pilkada Bill, the KPU naturally prepared the PKPU based on the decision of MK.

Beware of DPR’s moves towards Jokowi

However, Ali also raised several concerns in forming PKPU. For example, when the KPU consulted with Commission II of the DPR RI in preparing the PKPU, there were several rules that were then incorporated and ended up being different from -close the MK.

“Well, of course we have to look at this together. Because when the PKPU does not implement what the Constitutional Court decides, in fact the PKPU is defective under the law, with constitutional flaws,” he said.

Because according to Ali, PKPU has no legal basis for materials that differ from the decision of MK.

At the same time, for the chance to issue Perppu with the President Joko Widodo (Jokowi), three basic things must be there.

First, there is an urgent need to quickly resolve legal problems based on the law. Second, the necessary laws do not yet exist, resulting in a legal vacuum. Third, there are laws but they are not applicable.

“However, constitutionally, the decision of the Constitutional Court is already there and then all that remains is to implement it, so there is nothing that is a strong emergency,” explained Ali .

According to Ali, the decision of the Constitutional Court is very clear and applies after it was read by the Constitutional Judges on Tuesday (20/8). So the country no longer needs new rules for regional elections.

“So in my opinion, legally there is no more loophole. Even if there is a loophole that is being tried to play, it would really be a violation of the constitution,” he said.

However, if President Jokowi Perppu still wants to issue Regional Elections, Ali warned of the dangers involved in this plan for the constitution. Because there is no longer a reason to expel Jokowi Perppu.

If that happens later, that is to issue the Regional Election Perppu, the people can file a legal review of the Perppu. In this case, according to him, the Constitutional Court can also act quickly to reject it.

“Because, when the Perppu was issued, there was an emergency that forced the Constitutional Court to make a decision on it immediately. [menolak Perppu],” said the UB Vice Chancellor.

In addition, Ali warned of the possibility of an escalation of demonstrations that would be wider and more severe than Thursday’s emergency action. Because people will not be blind to this.

For this reason, Ali said that the DPR must immediately make a statement in a forum or lay down the gavel in a plenary session in the nearest future to cancel the Pilkada Bill or ensure that it is passed​​​​ discuss the Pilkada Bill during the next session. .

In this way, the new community will get a guarantee that the government will not overturn the decision of the Constitutional Court by ratifying the Regional Election Bill.

Because if only during the press conference that Dasco held yesterday, there is fear that there is still an opportunity for the DPR to make changes to the rules before the regional head candidates are registered on September 27, or before the closing on September 29.

“Therefore, during the plenary session, it will provide a very clear legal confirmation, and it will show that there is good intention from the DPR and the government that they will implement the decision of the Constitutional Court and not they will make amendments to the Pilkada Bill,” said Ali.

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