Yusril Explains Three Ways That Can Postpone the 2024 Election

Jakarta, CNN Indonesia —

Constitutional law expert and General Chair of the Crescent Star Party (PBB), Yusril Ihza Mahendra lays out three ways to delay implementation Election 2024 become legitimate or gain legitimacy.

The discourse of postponing the 2024 General Election has recently become a hot topic of discussion. This time it came from PKB chairman Muhaimin Iskandar or Cak Imin and PAN chairman Zulkifli Hasan.

Cak Imin proposed postponing the 2024 General Election due to the Covid-19 pandemic. He said he would take the proposal to President Joko Widodo.

The Minister of Investment, Bahlil Lahadalia, made a similar suggestion. He said the business world wanted an extension of President Joko Widodo’s term of office in the name of post-pandemic recovery.

1. Amendment to the 1945 Constitution

First, Yusril stated that the government could take the amendment of the 1945 Constitution to postpone the election.

“This method is the strongest basis for giving legitimacy to the postponement of the election,” Yusril said in his official statement, quoted on Sunday (27/2).

However, this method risks the consequences of temporarily extending the terms of office of the President, Vice President, MPR, DPR, DPD, and DPRD.

The procedure for changing the constitution is regulated in Article 37 of the 45 Constitution. Then, there are Articles 24 to 32, Law Number 17 of 2014 concerning the MPR, DPR, DPD and DPRD as amended.

He considered that amendments to the 1945 Constitution could be carried out by adding a new article related to the general election.

Article 22E of the 1945 Constitution can add new points. Namely, Article 22 E paragraph (7) which contains the following norms:

‘In the event that the general election once every five years as referred to in Article 22E paragraph (1) cannot be held due to war, rebellion, security disturbances that have a wide impact, natural disasters and epidemics that are difficult to overcome, the MPR has the authority to postpone the election until certain time limit.’

Then, paragraph (8) of the 1945 Constitution can also be added the following phrase:

‘All state offices which are filled through general elections as provided in this constitution, shall temporarily remain in office as temporary officials until the general election is held.‘.

“With the addition of 2 paragraphs in Article 22E of the 1945 Constitution, there is no term extension of the term of office of the President, MPR, DPR, DPD, and DPRD. Members of state institutions such as the MPR, DPR, DPD change their status to temporary members, before being replaced with members of the election results,” said Yusril.

2. Presidential Decree

Yusril said President Jokowi could issue a decree to postpone the 2024 election. (Archive of the Presidential Secretariat Press Bureau)- –

The second way, the president can issue a decree as a revolutionary measure to postpone the election. According to Yusril, the decree could be taken by the president to postpone the election and at the same time extend the term of office of all officials, which according to the 1945 Constitution must be filled with elections.

For him, the decree is a legal revolution whose validity must be seen post-factum. A revolution that is successful and has the support of the majority of the people can create valid laws. But on the contrary, the revolution that failed, led to the act of legal revolution as illegal and against the law.

See how to make the 2024 election postponement legal on the next page..