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Calls mount for govt to issue regulation on acting regional heads

Yerica Lai (The Jakarta Post)
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Jakarta
Sun, April 24, 2022

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Calls mount for govt to issue regulation on acting regional heads Healthy democracy: A member of a polling station working committee (KPPS) hands over plastic gloves to a voter during a simulation for the 2020 simultaneous regional elections in the grounds of the General Elections Commission (KPU) in Jakarta on July 22. 2020. During the simulation, the committee applied COVID-19 health protocols. (JP/Dhoni Setiawan)

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recent Constitutional Court ruling has added urgency for the government to issue a regulation on guidelines for appointing acting regional leaders, as several regional administration posts are set to be vacated starting in May.

On Wednesday, the court, citing its decision in a previous case, called on the government to issue a technical regulation to provide “measurable and clear mechanisms” as a way to make sure the appointment of acting regional heads by the government does not ignore democratic principles.

“The government needs to consider issuing an implementing regulation to follow up on Article 201 of Law No. 10/2016 on regional elections, so that there are measurable and clear mechanisms to provide guarantees that the appointment of acting [regional leaders] is open, transparent and accountable,” Constitutional Court justice Enny Nurbaningsih said on Wednesday.

The court made its decision in a judicial review petition filed by six individuals in January, including a lecturer, a student and a teacher, who live in Jakarta and West Java. They demanded the court issue a ruling ordering the government to extend the term of office until 2024 of regional heads whose terms end in 2022 and 2023.

The petitioners claimed that the 2016 Regional Elections Law, which allows the government to unilaterally appoint acting regional leaders to run vacated mayor, regent governor posts, had undermined their democratic right to elect their leaders. Their concerns stemmed from the fact that under the prevailing regulation, the upcoming acting regional leaders would hold on to their seats for a relatively lengthy period until the 2024 elections.

A total of 101 regional leader seats will become vacant in 2022, including governorships in Jakarta, Banten and Aceh; while 154 mayoral and regency posts and 17 gubernatorial positions will become vacant in 2023, including in the country’s most populous provinces: West Java, East Java and Central Java.

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