The Constitutional Court on Monday annulled an article in the regional autonomy law, thus allowing Lampung Governor Sjachroedin Z.P. to keep his post while running for reelection.
In its ruling, the court said Article 58Q of Law No. 12/2008 had created legal uncertainty by reducing the five-year term of a governor as stipulated in Article 110 of Law No. 32/2004 on regional autonomy, as well as resulting in unequal treatment of state officials.
"The article has violated Article 28D of the Constitution, so it is no longer in force," Constitutional Court chief justice Jimly Asshiddiqie said at the hearing.
Sjachroedin filed for the annulment of the article with the court after he was forced to resign by the regional elections commission (KPUD), the Lampung legislative council and the government when he registered as a gubernatorial candidate in May 28, although his term was officially set to end in June 2009.
President Susilo Bambang Yudhoyono issued a decree on Sjachroedin's dismissal and appointed deputy governor Syamsurya Ryacudu to replace the incumbent until the end of his tenure.
Sjachroedin's lawyer Yusanto said the government should abide by the court's ruling, and expressed hope his client would be allowed to resume his post immediately.
"The government's decision must be revised following the annulment of the article, and my client should be reinstated until 2009," he said.
However, the court rejected Sjachroedin's complaints on Article 233 (2) of the law, which could potentially affect the regional election process and terms of governors, regents and mayors.
With dozens of regional elections set to take place this year, the impact of the court's decision is seen as immediate and profound, with serving governors, regents and mayors now not required to resign when seeking reelection.
"The ruling will have a deep impact on the regional elections of governors, mayors and regents throughout the country," Patra M. Zen, chairman of the Foundation of the Indonesian Legal Aid Institute (YLBHI), told The Jakarta Post.
The decision, however, is not retroactively applicable for officials who resigned before the ruling, he said.
Although he said the court ruling was understandable, Patra expressed concerns about the danger of incumbent officials using local administration resources, funds and facilities for campaign purposes.
He warned incumbents could also claim successful programs as their own, or use social programs financed by regional budgets to boost their own popularity.
"This will not be fair to other contestants, who use their own money and resources to woo voters," Patra said.
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