The Jakarta Post
Former Constitutional Court justice Harjono and constitutional law expert Refly Harun, testified in favor of the legal challenge being heard by the court and filed by Jakarta Governor Basuki “Ahok” Tjahaja Purnama against the leave requirement for incumbent candidates in regional elections.
They told the court that incumbents should have the choice not to take leave.
Ahok said he preferred not to take leave to campaign prior to the 2017 gubernatorial election because he needed to prepare the 2017 Jakarta city budget.
“The task and responsibilities of governors as stipulated in Regional Administration Law are to lead the local administrations,” Harjono said.
The Jakarta City Budget is expected to be approved by the City Council by the end of December and therefore, the Jakarta administration has to prepare the city budget bill.
Meanwhile, the campaign period during which the incumbent has to take leave based on the law, is from Oct. 26 to Feb. 11.
Refly referred the court to an article in an older law to regulate leave requirement. “The fair solution is to annul the article [in the current law] and use an article in the old Regional Elections Law related to campaign leave,” Refly said.
He referred to Law No. 8/2015 on Regional Elections Law which stipulates that incumbents should arrange how much campaign leave they take and draw up a leave schedule that takes into consideration the tasks of the regional administration. (wnd/bbn)