2024 Regional Head Nomination Regulations Have Not Been Ratified, KPU Still Uses Old Rules

The PKPU not yet ratifying the Regional Head Candidates when the stages started was considered to show that the KPU was not ready.

KOMPAS/HIDAYAT SALAM

The Chairman of the General Election Commission (KPU), Hasyim Asy'ari was photographed with guests during the Launch of Stages and Voting Day for the 2024 Simultaneous Regional Elections in the Candi Prambanan area, Yogyakarta, on Sunday evening (31/3/2024).

JAKARTA, KOMPAS - Until Saturday (4/5/2024) or the day before the stage of fulfilling the support requirements for individual candidate pairs in the 2024 Regional Head Election, the General Election Commission Regulations regarding the Nomination of Regional Heads have not yet been implemented. also confirmed. KPU continues to use the technical rules used for the 2020 Pilkada until the new rules are ratified.

Based on the General Election Commission (KPU) Regulation Number 2 of 2024 regarding the Stages and Schedule of the 2024 Governor and Deputy Governor, Regent and Deputy Regent, and Mayor and Deputy Mayor Elections, the stages of organizing the 2024 Regional Head Elections (Pilkada) begin on Sunday (5/5/2024). The nearest stage is the fulfillment of the independent candidate pair support requirements which takes place from May 5th to August 19th.

KPU member, Idham Holik, stated that on May 5-7, 2024, provincial and district/city KPU will announce the submission of support for potential independent candidate pairs for regional head and deputy regional head positions. Meanwhile, the submission of support from independent candidates will take place on May 8-12, 2024. The administrative verification of independent candidate requirement documents will be held on May 13-29, 2024.

Also read: Develop Technical Rules for Regional Elections, Composition of "Ad Hoc" Committees, Same as Elections

However, the latest technical regulations for implementing these stages have not yet been promulgated. After conducting a public test of the draft regulation for Regional Head Candidate Nomination (PKPU) on Tuesday (23/4/2024), there has been no consultation meeting with the People's Representative Council (DPR) and the government.

KOMPAS/HENDRA A SETYAWAN

KPU member, Idham Holik, led an open plenary meeting to recap the national vote count and determine the results of the 2024 elections abroad, in Jakarta on Friday (1/3/2024).

Therefore, the Election Commission (KPU) is still using the Regulation of the KPU Number 9 of 2020 regarding the Nomination of Regional Head Candidates to carry out these stages. After the latest regulation draft is discussed with the legislative body and approved, the newest technical rules will start to be enforced.

"The technical regulations on the previous simultaneous regional elections (2020) are still valid because they have not been declared revoked or cancelled," said Idham when contacted from Jakarta on Saturday (4/5/2024).

According to him, the renewal of technical registration standards contained in the new PKPU draft fundamentally does not change the substance of the previous technical regulations that still apply. The update of the standards is only aimed at ensuring that the principles and principles of conducting the simultaneous national elections can be realized well so that electoral integrity improves.

Also read: Pilkada Stages Begin, KPU Asked to Be Careful

KPU member, Mochammad Afifuddin, stated that based on the information received, the hearing in the Parliament's Commission II to discuss the draft of PKPU Nomination for Regional Head is scheduled for Wednesday, May 15, 2024. This is because the Parliament is still in recess until May 13, 2024. "In principle, the old rules still apply before new ones are established," he said.

KOMPAS/HENDRA A SETYAWAN

The figures who will be contesting in the upcoming regional elections have started putting up posters as an effort to introduce themselves to the public, as seen in the Serpong area of South Tangerang, Banten on Wednesday (May 1, 2024).

The technical regulations in the previous simultaneous regional elections (2020) are still valid because they have not been declared repealed or cancelled.

Secretary General of the Independent Election Monitoring Committee (KIPP) Kaka Suminta assessed that the PKPU for Regional Head Nominations had not been promulgated when the stages had already begun, showing that the KPU not ready to prepare for the regional elections. Technical regulations should have been approved long before the relevant stages begin. Thus, there is sufficient time for socialization of the rules to organizers and prospective regional head candidates, especially those from the individual route.

According to him, the General Elections Commission (KPU) should consider the timing in making technical regulations for regional elections. Its formation should also take into account the schedule of the House of Representatives' recess period so that there are no time constraints for scheduling consultation meetings with lawmakers who form the laws.

Also read: MK Judge "Angry", Assumes KPU Not Serious in Dealing with Election Disputes

On the other hand, the DPR and the government should also remind the KPU to prepare technical regulations for regional elections so that all legal provisions are available before the relevant stages begin.

"The KPU has not learned from the experiences of forming PKPU for elections which are often very tight in terms of progress," said Kaka.

KOMPAS/HENDRA A SETYAWAN

Member of the Election Commission, Parsadaan Harahap (center), accompanied by the Chairman of the West Java Election Commission, Ummi Wahyuni (right), and the Chairman of the Depok City Election Commission, Willi Sumarlin, during the launch of the formation of the District Election Committee for the Governor and Vice Governor, Regent and Vice Regent, and/or Mayor and Deputy Mayor Elections in 2024 at the Depok City Election Commission Office, West Java, on Tuesday (23/4/2024).

Executive Director of the Association for Elections and Democracy (Perludem) Khoirunnisa Nur Agustyati assessed that the use of the old PKPU is still possible because the law used is still the same, namely Law Number 10 of 2016 regarding the regional elections. However, along the way, there was a decision from the Constitutional Court regarding the nomination of regional heads which should be implemented from the start of registration in the 2024 regional elections.

In its legal considerations in Decision No. 12/2024, the Constitutional Court emphasized to the General Election Commission (KPU) to require elected legislative candidates running in local elections to submit a letter of declaration stating that they are willing to resign after being inaugurated. Ideally, this should be emphasized from the beginning of the registration period in order to provide legal certainty to prospective regional head candidates from the elected legislative candidates.

Also read: Not "Hopping Fleas", Political Parties Call Elected Legislative Candidates for Regional Elections Due to Realistic Counts

According to him, changes in technical regulations in the midst of an ongoing stage can create legal uncertainty. Independent regional head candidates who submit support in the form of electronic ID cards (KTP-el) refer to the old PKPU, while the verification process may refer to the new PKPU after it is ratified.

"This condition certainly does not provide legal certainty and could potentially harm individuals who will register through the individual pathway," said Ninis.