The Constitutional Court (MK) realizes that this issue has the potential to cause debate, so in its decision, the Constitutional Court clearly affirms its position. There are opinions that say that if there are no lawsuits to the Constitutional Court, the regional heads elected in 2024 should be immediately inaugurated so that they can immediately carry out their duties. However, wait a minute, the regional heads who are currently in office are not without legitimacy, they were also directly elected by the people through the 2020 Regional Elections and are still carrying out their duties. Therefore, in its considerations, the Constitutional Court provides a special note regarding this matter. So as not to be biased, the author quotes excerpts from the Constitutional Court's considerations in its decision:

“[3.13.3] Constitutional Court Decision Number 67/PUU-XIX/2021]. Moreover, in Constitutional Court Decision Number 12/PUU-XXII/2024, the Court has emphasized that the schedule for national simultaneous voting in the Election of Governors and Deputy Governors, Regents and Deputy Regents, and Mayors and Deputy Mayors simultaneously remains implemented in accordance with the provisions of Article 201 paragraph (8) of Law 10/2016, namely November 2024. Although the affirmation regarding the schedule for holding simultaneous regional head and deputy regional head elections nationally in 2024 has been affirmed by the Court in Constitutional Court Decision Number 12/PUU-XXII/2024 as stipulated in Article 201 paragraph (8) of Law 10/2016, namely November 2024, even though it is not mandated in the decision, however, through the a quo decision, The Court emphasizes again that the legal considerations of the Court's decision also have binding legal force because the legal considerations are the ratio decidendi of the decision as a whole.”

Then what are the Constitutional Court's considerations regarding the inauguration of regional heads from the 2024 Regional Elections? Here is the Constitutional Court's affirmation in consideration 3.17.2:

“That relating to the agenda for the implementation of the regional head and deputy regional head elections simultaneously nationally in 2024, Article 201 paragraph (8) of Law 10/2016 states, "National simultaneous voting in the Election of Governors and Deputy Governors, Regents and Deputy Regents, and Mayors and Deputy Mayors throughout the Unitary State of the Republic of Indonesia will be held in November 2024". With this provision, voting will be held in November 2024 so that the inauguration can be carried out after the settlement of the regional head election dispute in the Constitutional Court. The time period for resolving regional head election dispute cases has been regulated in Article 157 paragraph (8) of Law 10/2016 which states that the Constitutional Court decides on disputes over regional head election results no later than 45 (forty-five) working days from the receipt of the application for disputes over regional head election results. However, this does not rule out the possibility for the Constitutional Court in its decision on disputes over regional head election results to order a re-election, or a revote, or a recount. Therefore, for the sake of legal certainty and in order not to hinder the transition of regional government leadership and the running of regional government, according to the Court, the inauguration of regional heads and deputy regional heads simultaneously is an exception for regions that carry out re-elections, or revotes, or a recount in accordance with the decision of the Constitutional Court in the case of disputes over regional head election results. In addition, there is the possibility of non-simultaneous inaugurations due to force majeure factors in accordance with the provisions of laws and regulations. Thus, before the inauguration of regional heads and deputy regional heads resulting from the national simultaneous elections in 2024, Governors and Deputy Governors, Regents and Deputy Regents, and Mayors and Deputy Mayors who are the result of the 2020 elections and are still in office can continue to carry out their duties and positions until the inauguration of regional heads and deputy regional heads resulting from the national simultaneous elections in 2024. Within reasonable limits, the Court's considerations will not disrupt the transition process of regional government leadership originating from the results of the national simultaneous elections in 2024.”