MK Cancels Tasikmalaya Pilkada Results, Incumbent Candidate Fails to Return to Power

Jakarta, Kompas - The Constitutional Court annulled the results of the Regional Head Election in Tasikmalaya Regency, West Java, because one of the candidates for regent, namely Ade Sugianto, did not meet the requirements as a candidate. The incumbent candidate had already served as the regent of Tasikmalaya for two terms, making him ineligible to run again.

The Constitutional Court (MK) ordered the General Election Commission (KPU) of Tasikmalaya Regency to hold a revote (PSU) excluding Ade Sugianto no later than 60 days after the Constitutional Court's decision was read. The Constitutional Court completely handed over to political parties (parpol) or a coalition of political parties to replace Ade Sugianto as the running mate of the deputy regent candidate Iip Miptahul Paoz.

The Constitutional Court's ruling resulted in Ade Sugianto not being able to return to power as the regent of Tasikmalaya, despite winning the most votes in the last regional election. The KPU vote recapitulation results showed Ade-Iip won 487,854 votes and won in 37 of the total 39 sub-districts.

The verdict was handed down by the Constitutional Court in an open session led by Chief Justice Suhartoyo, Monday (24/2/2025). In addition to the Tasikmalaya regional election, the Constitutional Court also read out verdicts for 39 other cases. The issues that emerged in the Tasikmalaya regional election were actually similar to those that occurred in the Kutai Kertanegara Regency, East Kalimantan and South Bengkulu, Bengkulu Province regional elections.

Constitutional Justice Guntur Hamzah, while reading out his considerations, briefly touched on four Constitutional Court decisions regarding the calculation of regional head terms of office. The decisions in question are decisions 22/PUU-VII/2009, 67/PUU-XVIII/2020, 2/PUU-XXI/2023, and 129/PUU-XXI/2024.

From the four decisions, it is concluded that a term of office that has been served for half or more than half of the term of office is counted as having served one term of office; a term of office that has been served for half or more than half is counted the same and is not differentiated whether serving definitively or temporarily; and the term of office that has been served is the term of office that has been served in real terms (real and factual) and not the term of office that is calculated based on the time of inauguration.

In the Tasikmalaya case, the applicant for the election dispute considered that Ade Sugianto had served for two terms so that he could no longer nominate himself as a candidate for regent. In the first period, the applicant counted Ade Sugianto's term of office since he became deputy regent but carried out his duties as regent from September 5, 2018 to March 23, 2021 or more than 2.5 years.

Meanwhile, the Tasikmalaya KPU and related parties, namely the Ade Sugianto-Iip Miptahul Paoz pair, calculated the term of office in the first period since Ade was inaugurated as the definitive regent, namely from December 3, 2018 to March 23, 2021 or only 2 years 3 months 20 days or not yet 2.5 years.

According to Guntur, the Constitutional Court has emphasized in decision 129/PUU-XXI/2024 that the calculation of the term of office of a regional head is no longer distinguished between definitive and temporary positions, and the term of office that is replaced is calculated in real or factual terms carrying out the duties of replacing; either as acting, acting, or acting on a daily basis; and not since the inauguration.

In the case of Ade Sugianto, according to the Court, he has been carrying out his duties as Regent of Tasikmalaya since September 5 2018.

The Constitutional Court found legal facts that since September 5, 2018, based on the radiogram of the Governor of Central Java Province Number 131/169/Pemksm, Ade Sugianto carried out the daily duties of the regent until the inauguration of the regent or until the appointment of the acting regent.

"In the case of Ade Sugianto, according to the Court, he has been carrying out his duties as Regent of Tasikmalaya since September 5, 2018," said Guntur.

Ade Sugianto then carried out his term of office for the next period from April 26, 2021 to February 20, 2025 or for 3 years 9 months 25 days.

"Considering that because the candidate for Regent H. Ade Sugianto has been proven to have exceeded 2 (two) terms, then according to the Court, H. Ade Sugianto does not fulfill the provisions of Article 7 paragraph (2) letter n of Law 10/2016 which states, "Has never served as Governor, Deputy Governor, Regent, Deputy Regent, Mayor, and Deputy Mayor for 2 (two) terms in the same position for Candidate for Governor, Candidate for Deputy Governor, Candidate for Regent, Candidate for Deputy Regent, Candidate for Mayor, and Candidate for Deputy Mayor", so does not fulfill the requirements as a candidate for Regent of Tasikmalaya in the 2024 Tasikmalaya Regent and Deputy Regent General Election," said Guntur.

Therefore, according to the Constitutional Court, the implementation of the Tasikmalaya regional election has clearly violated or injured the principles of implementing a fair, democratic, and integrity-based regional head election. The Constitutional Court then disqualified Ade Sugianto as a candidate and ordered a re-vote by including the candidate for deputy regent IIp Miptahul Paoz.