UNS — Universitas Sebelas Maret (UNS) Surakarta Constitutional Law (HTN) expert Dr. Agus Riwanto stated that the discourse over General Election postponement in 2024 needs to be analyzed based on people’s will, especially when the postponement will be carried out by amending 1945 Constitution (UUD 1945) because a general election is a constitutional matter, not just political elite’s interests.
If the People Consultative Assembly (MPR) RI amends UUD 1945 to postpone the election without the people’s agreement, Dr. Agus is concerned that political turmoil could occur. “Constitution amendment must not be arbitrary but must be based on people’s agreement. Why? Because the constitution is a fundamental component,” Dr. Agus stated in Forum Fristin TVRI on “Postponing General Election 2024?” on Wednesday (2/3/2022).
The idea of postponing the General Election 2024 came from one of the ministers and three political party leaders. The suggestion was shared because they consider that the Covid-19 pandemic has a significant impact on the nation’s economy and business. Therefore, it is wise to postpone the election until the condition stabilizes. On the other hand, the House of Representatives, executive board, and election board had decided that a general election for President and Vice-President, and parliament members at the central and local governments, will be held on Wednesday, 14 February 2024. The agreement was ratified in the meeting held in Nusantara Building, Senayan, Jakarta, Monday (24/01/2022).
Scheme for Election Postponement
Dr. Agus shared the formal and informal schemes that could be taken to postpone the election. The formal scheme could be taken through an amendment of UUD 1945, while the informal scheme could the taken through a judicial review by the Constitutional Court (MK). “Judicial review in MK could define the definition of the certain constitution to follow the current condition. For example, people could probe Article 167 paragraph 1 UU No.7/ 2017 to define if it is allowed to hold (election) not once every five years,” he added.
Although the opportunity exists to postpone the general election, Dr. Agus stated that the implementation would be challenging, especially if the formal approach is taken. Postponing election means that the nation should consider the end of tenure for all parliament members and president and vice-president. There is also a need to determine an institution that holds the authority to extend the tenure of these public officers. Suppose the power to extend the tenure is given to MPR. Therefore, the constitution that regulates the state institutions also needs amendment because currently, MPR authority covers amendment of the constitution and inaugurates the president and/or vice president.
He also emphasized the difference between postponing an election and giving a third period for the government. Since postponing the election does not mean that the president and vice president would serve for three periods. “It needs to explain the state condition when the leaders have completed their offices. The law must regulate how the constitutional law regulates leaders who have completed their services,” he explained. Humas UNS
Reporter: Y.C.A. Sanjaya
Editor: Dwi Hastuti