The Legality of the 2020 Regional Election on State Conditions in a Health Emergency

Abstract

The legal basis for organizing regional elections (Pilkada) during this pandemic is Law no. 6 of 2020 which is the amendment of Law no. 10 of 2016. The amendments contained in Article 122, Article 201 and Article 202 are only about postponing the implementation of the 2020 Pilkada simultaneously, but there is no regulating the implementation of the Pilkada during the pandemic period. The 2020 simultaneous regional elections will be held on December 9 2020, this means that all stages of the elections are still in a pandemic period because the President has not revoked the health emergency stipulation based on Presidential Decree No. 11 of 2020. Meanwhile, derivative regulations such as PKPU No.5 of 2020 does regulate several restrictions in response to the implementation of the regional elections during the pandemic. Thus, the simultaneous regional elections 2020 which were held during the pandemic which did not have the basis for the Law on the Pilkada during the pandemic, clearly have the potential to cause the implementation of the regional elections to be invalid because there is no legal basis.