Erwin Sihombing & Dyah Ayu Pitaloka, Jakarta – The Constitutional Court on Monday began hearing the judicial review on the recently passed Regional Elections Law, which stripped the Indonesian people of the right to choose their own governors, district heads and mayors, giving the power to local legislatures.

A total of nine petitioners, consisting of nongovernmental organizations, coalitions, associations and groups of individuals have called on the court to annul the law and give the people back their right to elect their regional heads.

In a disappointing response, the court urged that the plaintiffs withdraw their petition, arguing that outgoing President Susilo Bambang Yudhoyono has already issued a government regulation in lieu of law, known as a perppu, revoking the controversial ruling.

"There is no object [of dispute]," said Justice Arief Hidayat. The plaintiffs could still go forward with their petition, but even if the court accepted the judicial review, the ruling would be voided on technical grounds.

Several petitioners immediately withdrew their suit while others chose to press on, arguing that the House of Representatives could still reject the perppu.

Separately, law professor and Crescent Star Party (PBB) politician Yusril Ihza Mahendra argued that even if the House rejected the perppu, regional leaders would not be appointed by their respective legislatures.

The House is controlled by parties in favor of the revoked law, making it unlikely for the perppu to pass. This, Yusril said, would create a "legal vacuum." "If the perppu is rejected by the DPR, then there is no law regulating regional elections," said Yusril, a former justice minister.

Political watchdog Indonesian Parliamentary Center agreed the plausible situation could have dire consequences.

"Many regional leaders will soon face the end of their term," said IPC director Sulastio, and the fracass has created confusion for the General Elections Commission (KPU), who will be in charge of staging voting booths in areas that require a change in regional leaders.

"We feel that with the issuance of the perppu, the Regional Elections Law was automatically revoked. Therefore, there is a big possibility that we will continue to stage direct elections in our district in 2015," said Santoko, chief of the Malang district KPU in East Java. "But to be sure, we are waiting for instructions from the [head office in Jakarta]."

The legal uncertainty will also affect several other areas in East Java, South Sulawesi and North Maluku, where local elections are scheduled for May through June next year. Sulastio said the KPU must address the matter quickly and issue a decree to all of its regional offices.

"[The KPU head office] must take concrete steps by enacting an official KPU regulation... so the local organizers will not fall behind in preparing for the regional elections. These areas won't be able to plan their budget without a legal umbrella," Silastio said, before lambasting the KPU and the Elections Supervisory Agency's (Bawaslu) silence on the matter.

The likelihood of the end to direct regional elections has been circulating for months, "but [KPU and Bawaslu] have said and done nothing. This is very disappointing," he said. "The public must hear what these two institutions have to say. They are independent and they are directly linked to the entire issue."

Jeirry Sumampow, coordinator of the Indonesian Voters' Committee, another watchdog, said Yudhoyono must ensure that the House deliberates his perppu before his term ends next week, so as not to burden his successor, Joko Widodo.

"If SBY is really serious about issuing a perppu to save direct elections – and his legacy as president – then he must finish [the matter] now," he said.

The House pushed the regional elections law through after Yudhoyono's Democratic Party walked out of the deliberation process, leaving fellow opponents of the law outnumbered. Yudhoyono argued that he never gave such instructions, reiterating his stance to uphold the people's right to choose their own leaders.

[Additional reporting by Ridho Syukra & Ezra Sihite.]

Source: http://thejakartaglobe.beritasatu.com/news/perppu-triggers-confusion/