Legal Literacy - Deputy Minister of Home Affairs (Wamendagri) Bima Arya Sugiarto conveyed that as many as 270 regional heads elected in the 2024 Simultaneous Regional Elections are scheduled to be inaugurated by President Prabowo Subianto on February 6, 2025 at the Presidential Palace, Jakarta. In his official statement on Wednesday (22/1/2025), Bima emphasized that the inauguration would take place in accordance with the provisions of Law Number 10 of 2016, specifically Article 164 B which regulates the election of governors, regents and mayors."God willing, Mr. Prabowo will inaugurate in accordance with Law Number 10 of 2016 Article 164 B," said Bima. (President Prabowo Will Inaugurate 270 Elected Regional Heads on February 6, 2025, menpan.go.id, January 23, 2025).

This action clearly contradicts the Constitutional Court Decision No. 27/PUU-XXII/2024. However, fortunately the Minister of Home Affairs (Mendagri) immediately made revisions and postponed the inauguration. However, is it in accordance with the decision of the Constitutional Court (MK)? This condition is interesting to study in depth and comprehensively. Therefore, this paper is intended to be input for policy makers so as not to be legally mistaken. First, it is necessary to explain the reason why the Governors, Regents and Mayors submitted judicial review Article 201 paragraph (7) of Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning the Stipulation of Government Regulations in Lieu of Law Number 1 of 2014 concerning the Election of Governors, Regents and Mayors (UU Pilkada) to the Constitutional Court.

Because the existence of Article 201 paragraph (7) of the Regional Election Law makes the regional heads elected in 2020 (inaugurated 2021) have their term of office cut short until 2024. Article 201 paragraph (7) of Law Number 10 of 2016 concerning Regional Elections states,regional heads from the 2020 Regional Election serve until 2024”. Meanwhile, Article 162 paragraphs (1) and (2) of the same Law regulate,regional heads serve for five years.” A rough calculation is that regional heads only serve for three years or more, even though the mandate of the law is five years. The Constitutional Court granted part of the requests from a number of regional heads regarding Article 201 paragraph (7) of Law No. 10 of 2016, which states that their term of office does not have to end at the end of 2024. The Constitutional Court considers that the provisions in the article contradict the principle of the rule of law, violate the principle of equality before the law and government, create legal uncertainty, and are not in line with the principles of democracy and elections guaranteed in the 1945 Constitution. In simple terms, Article 201 paragraph (7) in the Regional Election Law is declared conditionally unconstitutional. This means that regional heads elected in the 2020 Regional Election will remain in office until regional heads from the 2024 Simultaneous Regional Election are officially inaugurated. However, the question that arises is, when exactly will the inauguration of regional heads produced by the elected 2024 simultaneous regional elections be carried out?