The public hearing meeting (RDPU) of the House of Representatives (DPR) on January 11, 2023 resulted in six points. One of the points is the agreement to continue using Appendix III and IV of the Election Law (UU) as electoral districts for the DPR RI and Provincial DPRD for the 2024 elections. The General Election Commission (KPU) will only compile the Regency / City DPRD constituencies, and the draft will be discussed with the DPR and the Government.
In response, senior researcher at the Center for Constitutional Studies (Pusako) of Andalas University, Charles Simabura, argues that Appendices III and IV of the Election Law containing electoral districts for the DPR RI and Provincial DPRD have been declared unconstitutional by the Constitutional Court through Decision No.80/PUU-XX/2022. Using the same electoral districts in the 2024 elections is vulnerable to legal challenges.
"Substantially, we can say that it is contrary to the Constitutional Court's decision. If that happens, it is not impossible that PKPU (KPU Regulation) on electoral districts will become the object of a lawsuit through a judicial review mechanism at the Supreme Court," Charles said at the discussion "Consistency of Seat Allocation and Electoral Arrangement Based on Constitutional Court Decision" (13/1).
Previously, Charles said that any political decision taken regarding the electoral districts for the 2024 elections must be regulated through PKPU. The Constitutional Court has annulled Appendix III and IV of the Election Law, and stipulated that the KPU determines electoral districts through PKPU.
"Even if you want to stay with the current electoral district composition, the Government and DPR, including the KPU, DKPP (Honorary Council of Election Organizers) should agree to form a new law, namely PKPU. So, formally, it must be enacted by PKPU," said Charles.
He also reminded that the Constitutional Court Decision emphasized that the principles of constituency delineation in Article 185 of the Election Law must be fulfilled cumulatively. Thus, to be in accordance with the constitutional mandate, electoral districts must be redrawn.
The Constitutional Court also ordered the KPU to involve the Government and the House of Representatives through consultation. This consultation forum is considered by Charles to still open space for the involvement of the Government and DPR in the formulation of electoral districts.
"The involvement of the Government and DPR is through the consultation. I also think that the input from the DPR and the Government is not all negative. There could be positive ones, which can be taken into consideration," concluded Charles. []
