Head of Jakarta General Election Commission (KPU) Juri Ardiantoro stated that as an incumbent candidate who is running for the 2012-2017 Jakarta regional head election (Pemilukada), Jakarta Governor Fauzi Bowo does not have to resign from his current position. “The Act No. 12/2008 about Regional Governance which saying that regional head must resign before signing up (for Pemilukada) has been canceled by the Constitutional Court (MK). Therefore, incumbent candidate does not have to resign,” he said after meeting with Jakarta Parliament (DPRD) chairman, Monday (3/5).
However, Juri continued, there is still dissent between Jakarta KPU and DPRD regarding the submission of notification letter about end of governorship period. According to DPRD, based on Government Regulation (PP) No. 6/2005 about Election, Endorsement, Appointment, and Dismissal of Regional Head and Head Deputy, the notification letter is submitted five months before governorship period ends, which is may 7, 2012. While, Jakarta KPU is scheduling the notification letter to be submitted five months before the election date, which is this March. “Jakarta KPU decides not based on PP No. 6/2005 because if so, the notification letter should be interpreted as the beginning phases (of the Pemilukada). This is impossible to be performed by KPU,” asserted Juri.
According to him, based on higher regulation or the Act (UU), Pemilukada phases are started not from the submission of the notification letter. Because, Pemilukada phase such as the appointment of sub-district election committee (PPK) and poll station committee (PPS) is must be conducted six months before the election and ended two months before the election. “How could the Pemilukada phases started before the officials recruitment, voters updating, and independent candidates verification start? So, based on legal logic, it is impossible to apply PP No. 6/2005 to use the notification letter as the starter of Pemilukada phases,” expressed Juri.
For information, after the notification letter is submitted to the governor, at the latest 30 days afterwards the governor must make accountability report (LPJ) for DPRD. However, the notification letter will not affect Pemilukada phases, unless it relates to the agenda of DPRD that must schedule meeting for governor accountability report’s deliberation. “Of course there is recompromise. It doesn’t matter if DPRD wants to apply the PP No. 6/2005 as basis for the notification letter submission, it could be accommodated with Jakarta KPU decision. Besides, the notification letter does not affect KPU, unless the DPRD had to hold plenary meeting,” explained Juri.