Possible 2020 Regional Head Elections As a Response To

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POSSIBLE 2020 REGIONAL HEAD ELECTIONS AS A RESPONSE TO THE COVID 19 PANDEMIC IN VARIOUS PERSPECTIVES Afifa Rangkuti Faculty of Sharia and Law, Universitas Islam Negeri Sumatera Utara [email protected]

ABSTRACT Various sectors were affected, especially sectors in the economic sector. Not only the economic sector, the government sector also experienced the impact. One of the sectors in the government category is the pilkada or regional head elections (Pilkada). Pilkada in accordance with the plan will be held simultaneously in 2020. However, the national situation which is being hit by the Covid-19 outbreak has forced the phases of the Pilkada to be delayed. This year's Pilkada cannot be implemented or postponed due to the impact of Covid-19 that is hitting Indonesia. However, the health protocol requirements must be implemented, such as wearing a mask, washing hands with soap, keeping your distance, using a hand sanitizer and personal protective equipment or APD. The Pilkada this year cannot be held simultaneously. The Method use in this research is normative legal research. The result showed that the total number of regions that will carry out the Pilkada simultaneously in 2020 is 270 regions, with details of 9 provinces, 224 regencies and 37 cities. However, this year's Pilkada cannot be implemented or postponed due to the impact of Covid-19 that is hitting Indonesia. This was done as an effort to anticipate the spread of the corona virus.. Keywords: Delay, Pilkada, Covid Pandemic 19.

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good, honest and fair manner, without INTRODUCTION coercion against individuals as has Democracy is something that happened in the past. Moreover, the is universal, because in general holding of elections is to elect leaders modern countries classify themselves and establish other democratic as countries that uphold democracy, institutions. In the context of local even though the implementation democracy, regional head elections mechanisms, both involving political (pilkada) or regional head elections infrastructure and supra political (pemilukada) are efforts to find structure, differ from one another, this quality regional leaders in peaceful, is more due to differences in life honest and fair ways. One of the most views. from each country. The important principles of democracy modern constitutional state always therein is recognition of differences has a nationalist or national and peaceful solutions. The background and tends to be implementation of regional elections 1 democratic. cannot be separated from its basic General elections are the main foundation related to the mechanism involved in the stages of implementation of regional state administration and government government that uses the principle of formation. General elections are seen regional autonomy, while the as the most obvious form of development of regional autonomy sovereignty in the hands of the people as part of decentralization will always in the administration of the be related to the success of the reform State. Therefore, the system and order which has made the administration of general elections implementation of the principle of has always been the main concern of regional autonomy in Indonesia the Government so that the guidelines increasingly improved, and opens up from, by, and for the people are space for area to create expected to really be realized through independently. At the beginning of the structuring of the system and the the reform, the foundation of the quality of general election regional autonomy regulation was administrators. Because it is a Law 22/1999 on the implementation measure of the degree of democracy of regional government (regional of a country, the implementation of autonomy), it turns out that the elections (legislative, presidential process of implementing regional elections and regional head elections head elections (pilkada) is still elected (pilkada) / post-conflict local by DPRD members. elections) must be carried out in a

1 Eka N.A.M Sihombing, Asasi Manusia, Jurnal Konstitusi, Vol. 1, Pemberlakuan "Parliamentary No. 1, Juni (2009), p. 26-27. Threshold" dan Kaitannya dengan Hak

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Amendments to the automatically affected the Constitution of the Republic of implementation mechanism for Indonesia in 1945 were the regional head elections (pilkada) to be culmination of a fundamental change carried out directly and began to be achieved by the power of the people implemented in 2005. Covid outbreak after the New Order government. -19 was officially announced on Amendments to the 1945 Constitution March 15, 2020. A number of policies of the Republic of Indonesia have were implemented, such as physical made major changes, especially in the distancing, work from home, until the general election.2 PSBB (Large-Scale Social In the provisions of Article 1 Restrictions) was implemented by the number 1 of Law Number 10 of 2008 government to prevent the expansion concerning General Election of of the spread of the corona virus in Members of the People's Indonesia. This pandemic is not only Representative Council, Regional requires people to keep their distance Representative Council, and Regional and healthy behavior, but the impact People's Representative Council, it is is shifting or postponement of the stated: General election is a means of agenda n national Program which has exercising people's sovereignty which been scheduled. Various sectors have is carried out directly, publicly, freely, in secret , honest and fair in the been affected, especially sectors in Unitary State of the Republic of the economic sector. Not only the Indonesia based on Pancasila and the economic sector, the government 1945 Constitution of the Republic of sector also experienced the Indonesia. So that all election impact. One of the sectors in the implementation processes must be government category is the pilkada or carried out according to the principles regional head elections. Pilkada in of direct, general, free, secret, honest accordance with the plan will be held and fair elections. Therefore, the simultaneously in 2020. However, the implementation of elections in national situation which is being hit Indonesia should follow the by the Covid-19 outbreak has forced 3 principles contained therein. the phases of the Pilkada to be This process has changed delayed. In the midst of the Covid-19 since the amendment to the 1945 outbreak, the impact was felt on Constitution was carried out in the society, especially the Indonesian 1999-2004 DPR / MPR period which people. This year's Pilkada cannot be made the implementation of a direct held simultaneously. The total presidential election, so that it number of regions that will carry out

2 Mhd. Ansor Lubis. Fifth Indonesia. Nomoi Law Review. Vol. 1. Amendment Consolidation Of The 1945 No. 1. (May, 2020). Constitution Of The Republic Of 3 Eka NAM Sihombing, Op. Cit., p. 31.

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the Pilkada simultaneously in 2020 is elections are direct elections for 270 regions, with details of 9 regional heads by the community as a provinces, 224 regencies and 37 manifestation of democracy. Prior to cities. However, this year's Pilkada 2005 regional head elections were cannot be implemented or postponed elected by the Regional People's due to the impact of Covid-19 that is Representative Council (DPRD). hitting Indonesia. This is done as an Since the enactment of Law Number effort to anticipate the spread of the 32 of 2004 concerning Regional virus. Simultaneous Regional Head Government, regional heads are Elections (Pilkada) in 2020 . General directly elected by the people through elections for the first time in the the Election of Regional Heads and history of Indonesian independence Deputy Regional Heads or which was only 10 (ten) years old at abbreviated as Pilkada and for the that time were held in 1955. The next first time it was held in June 2005. series of general elections were held The election of a direct regional head again during the New Order period, election system is a correction to the namely the general elections of 1971, previous pilkada which used a 1977, 1982, 1987, 1992 and 1997. representative system by the Regional As the reason for holding People's Representative Council. The general elections is to gain use of this direct election system recognition or trust from the public, shows the development and including the international arrangement of the format of regional community, because the government democracy that is developing within and other institutions that were the framework of political products of the 1997 general election liberalization.4 are considered to be distrusted. The Because it is a measure of the holding of direct elections for the degree of democracy of a country, the President and Vice President in 2004 implementation of elections has inspired the direct elections for (legislative, presidential elections and Regional Heads and Deputy Regional regional head elections (pilkada) / Heads (Pilkada). This is also post-conflict local elections) must be supported by the spirit of regional carried out in a good, honest and fair autonomy that was introduced in manner, without coercion against 1999. Therefore, since 2005, direct individuals as has happened in the regional head elections have been past. Moreover, the holding of held, both at the provincial and elections is to elect leaders and district / city levels. Regional head establish other democratic

4 Tjahjo Kumolo, Politik Hukum Pilkada Serentak, (Jakarta; PT Mizan Republika, 2015), hlm. 76.

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institutions. In the context of local problems made the election less democracy, regional head elections effective.5 (pilkada) or regional head elections DISCUSSION (pemilukada) are efforts to find Impact of Covid-19 on the quality regional leaders in peaceful, Implementation of Simultaneous honest and fair ways. One of the most Regional Head Elections (Pilkada) important principles of democracy in 2020 . therein is recognition of differences Reform of the constitution and peaceful solutions. marked by an amendment to the 1945 In the context of local Constitution of the Republic of democracy, regional head elections Indonesia in the period 1999-2002, (pilkada) or regional head elections has implications for the structure in (pemilukada) are efforts to find the constitutional system of the quality regional leaders in peaceful, Republic of Indonesia. This very honest and fair ways. One of the most fundamental change also gave birth to important principles of democracy many new state institutions, which therein is recognition of differences were expected to be able to sustain in and peaceful solutions. In 2020, aspects of national and state life. One a simultaneous regional election will of the state institutions that was born be held which will be participated by from the womb of reform is the 270 regions. This simultaneous Constitutional Court (MK), where the regional election is the fourth batch of state institution has a position as a regional heads from the election constitutional court. The rule of law is results in December 2015. The termed rechstaats or the rule of law. In regions consist of 9 provinces, 224 Indonesia, the founding of the state regencies and 37 cities . The from the beginning has been simultaneous regional elections in advocated by the founding father as a 2020 should have been followed by state of law. In the context of the third 269 regions, but it became 270 amendment to the 1945 Constitution because the Pilkada of Makassar City Article 1 paragraph (3) it is was repeated. The simultaneous emphasized that "the State of regional elections in 2020 are deemed Indonesia is a State of Law". Even necessary to be held by reflecting on though it has been explicitly stated in the experience of administering the the constitution as a state based on 2019 Election, where several law, the blueprint and macro design technical and human resource elaborating the idea of the rule of law have not been explicitly formulated

5 Herman Ibrahimm, Faisal yang Dicita- citakan, (Jakarta: Biro Siagian, Pemilu dan Reformasi Sistem Humas Depdagri, 1999), hlm. 53-57. Kepartaian, Menuju Masyarakat Madani

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comprehensively. With the existence Human rights in Indonesia of several principles in a rule of law originate from and lead to Pancasila. proposed by Julius Stahl and Which means that human rights have AVDicey, it can be formulated one of a strong guarantee from the nation's the main principles of the rule of law philosophy, namely Pancasila. as the main pillars that support the Leading to Pancasila, it means that the establishment and establishment of a implementation of human rights must pay attention to the lines that have modern state called the rule of law or been determined in the provisions of rechtsstaat), is the protection of the 6 the Pancasila philosophy. For the rights of citizens. Indonesian people, exercising human R. Herlambang Perdana rights does not mean exercising Wiratraman in Rudy Hendra freely, but must pay attention to the Pakpahan, Eka NAM Sihombing, in provisions contained in the the 1945 Constitution, there is a Indonesian people's view of life, conception of state responsibility in namely Pancasila. This is due to the human rights (state responsibilities), fact that basically there are no rights as seen in articles 28I (4) and (5), that can be exercised in multiple ways which state " The protection, without considering the rights of promotion, upholding and fulfillment others. Each right will be limited by of human rights are the responsibility the rights of others. If in exercising of the state, especially the our rights, we do not pay attention to government and to uphold and protect the rights of others, then what will human rights in accordance with the happen is a conflict of rights or principles of a democratic rule of law, interests in the life of the community, the implementation of human rights is nation and state.8 guaranteed, regulated and set forth in The Covid-19 outbreak was statutory regulations. . " Both are key officially announced on March 15, in seeing the constitutional 2020. A number of policies were responsibility that must be carried out implemented, such as physical by the state, in this case the government, to carry out efforts to distancing , work from home , until promote human rights.7 the PSBB (Large-Scale Social Restrictions) were implemented by

6Andryan, Eka NAM Sosial (Responsibility State In The Sihombing,Penguatan Mahkamah Implementation Of Sosial Security), Konstitusi Republik Indonesia Melalui Jurnal Legislasi Indonesia, Vol. 9 No. 2 Constitutional Complaint, Jurnal Hukum - Juli (2012), p. 174. Perancangan Peraturan Perundang- 8 Eka N.A.M Sihombing, undangan, Vol. 4 No. 2, November Pemberlakuan "Parliamentary (2018). Threshold" dan Kaitannya dengan Hak 7 Rudy Hendra Pakpahan, Eka N. Asasi A. M. Sihombing, Tanggung Jawab Manusia, Jurnal Konstitusi, Vol. Negara Dalam Pelaksanaan Jaminan 1, No. 1, Juni (2009), p. 28.

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the government to prevent the meeting ni not yet decided the time is expansion of the spread of the corona ideal for the implementation of the virus in Indonesia. This pandemic is organization of the elections in not only requires people to keep their 2020. The results of this meeting then distance and healthy behavior, will raises many questions among the be but the impact is shifting or public, especially the civil postponement of the national agenda society (NGO) activists elections on and the international agenda has been time penyel enggaraan masi Election scheduled. Various sectors were 2020 unclear.9 affected, especially sectors in the Karianga in Hadita (2020) economic sector. Not only the Associated with the use of moral economic sector, the government responsibility in the office, Roscoe sector also experienced the Pound pointed out impact. One of the sectors in the that in a society which people may government category is the pilkada or assume that regional head elections. Pilkada in people who are on around him are people who civilized, as a accordance with the plan will be held result, in the event of an simultaneously in 2020. However, the act that deviates would hold national situation which is being hit accountablethe parties that did such by the Covid-19 outbreak has forced acts, as a result, in the view of Roscoe the phases of the Pilkada to be Pound there are four delayed. At the hearing (RDP) of the things that become the KPU, Banwaslu, DKPP, and the basis forapplying the moral Minister of Home Affairs with the responsibility, DPR on March 30, 2020, it was namely:10 concluded that Commission II of the 1. That other people will have DPR RI approved the funding for the the hope of a 2020 concurrent Regional Head good and reasonable that created t Election (Pilkada) stages that have not he appointment or conduct of been completed and cannot be the person's official; implemented. One of them is the 2020 2. That officials will keep its Pilkada held in March 2021, or promise is based on the hope that delayed 6 months from the is attached to it by a sense of predetermined time. The morality on the citizens;

9 Amirudin, A. Zaini Bisri, Liability Reports To Regional Pemilihan kepala daerah (Pilkada) Representatives In The Implementation Langsung Problem dan Prospek, Of Local Government, Nomoi Law (Yogyakarta: Pusataka Pelajar, 2006), Review, Volume 1, Issue 1, May 2020, p. hlm. 12. 94. 10 Cynthia Hadita, Regional Autonomy Political Politics Of Regional

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3. That they will act indications of the strengthening of the diligently and can be trusted in centralization of political party policy the interaction in determining the regional head of position and work; candidates who will advance to the 4. That they simultaneous local elections. So far, will refurbish anything that has ac the political reality of the nomination ceptance of regional heads in Medan City only shows one candidate (independent) of error or circumstances which d who will participate in the election of o regional heads (Mayor) in Medan not unexpectedly been acceptance City.This is influenced by the of erroneous or circumstances that indications of the centralistic policy are not presumed - would have of political parties at the national level thought, so they accept anything t which in their decision making does hat should not not heed the arguments of political be worthy and not will be parties at the local level. When in fact, received in ordinary the reform agenda that includes the circumstances. legal politics of strengthening the Which on a more complex position of the region with the level will result in internal party application of the principle of conflicts or even to the point of decentralization-autonomy in the spreading out the community implementation of government, must order.When viewed in a historical be accompanied by the authority of approach, the highly centralized New decentralization-autonomous Order power provides a trail of local determination and selection of politics that can be divided into two prospective regional leaders. things: (i) elite-led local political Somewhat difficult to imagine, the control which is a national and realization of decentralization- regional collaboration or (ii) the regional autonomy will be emergence of powerful people in the successfully achieved if in the process region. The truth is that democratic of determining regional leaders are governance by local people is not still in the shadow of the national really achieved.In reality today it can political elite. More broadly, this does be seen clearly through the candidacy not provide an opportunity for the of regional head candidates in various people of the region to freely regions in Indonesia. Specifically, the determine their future leaders in the process of carrying out regional head area. To a certain degree, this kind of candidates for the 2020 Regional process will destroy regional Head Elections in Medan, there are democratization.11

11 Benito Asdhie Kodiyat MS, in Medan City, Indonesian Journal of Abdul Hakim Siagian, Andryan, The Education, Social Sciences and Research Effect of Centralistic Political Party (IJSSR), Vol. 1, No. 1, June 2020, p. 61. Policies in Selection Of Regional Heads

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DPR Commission II plans to mandate to determine the election hold another Hearing Meeting (RDP) date. The final decision for the to determine a mutually agreed time simultaneous voting was September for the Pilkada. On April 14, 2020, 23, 2020. Regarding the reason Commission II of the Indonesian for the election date, the Chairman of House of Representatives (DPR RI) the KPU said there were two again held an RDP with the KPU, reasons. The first is the custom of DKPP, and the Ministry of Home choosing Wednesday as the voting Affairs to agree on the date for the day. Secondly, choosing a date with simultaneous Pilkada two-digit numbers to avoid a date that 2020. Commission II of the DPR RI coincides with the voting date, for approved the Government's proposal example, September 2, 2020.12 (which was attended by the Minister The state in the federal state of Home Affairs) to postpone the has the right to choose the leader in simultaneous Pilkada the state through simultaneous implementation. 2020 will be elections or not. Whereas the unitary December 9, 2020. The approval was state has the choice of legislative and revealed in the Work Meeting of the / or executive elections in the regions Commission II of the DPR RI with the and how the implementation is a Minister of Home Affairs and the consequence of policy, whether to use Hearing Meeting (RDP) with the autonomy or not. Thus, it can be ranks of the General Election concluded that the existence of Commission (KPU), the Election executive and legislative elections at Supervisory Board (Bawaslu), and the the national level is a consequence of Honorary Council of Election the government system. Whereas the Administrators (DKPP). The results existence of elections at the local of this meeting are final and the level is a consequence of the choice of government must immediately the form of state and the sub-national provide a legal umbrella. The Covid- governance management system 19 outbreak not only forced the chosen.In the context of Indonesia, implementation of the 2020 regional the form of state and sub-national elections to be postponed. More than government management system that, this pandemic has hit a state adopted is a unitary state by law relating to regional implementing regional autonomy. elections. Article 201 paragraph 6 This has the consequence that states that, "the simultaneous voting regional leaders are chosen from and for the Governor and Deputy by the regions themselves. Next, the Governor, the Regent and Deputy management of the region becomes a Regent, as well as the Mayor and powerful authority of the region itself Deputy Mayor of the 2015 elections (autonomous). The autonomy of the will be held in September 2020". This sub-national government article gives the KPU a direct management system cannot be

12 Ibid, hlm. 13.

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separated from the regional political individual candidates, establishing agenda in the case of regional head voter data updating officers, and elections. This is because regional updating and compiling voter head elections are the basis and lists. This practically delays other foundation of regional government stages, such as candidate registration, management, which can be said that nomination of candidates, to regional head elections are an voting. This delay creates essential factor in the regional a mismatch in the law. In legal terms government system.Therefore, in the it is known as das context of the candidacy of the regional head candidacy which is sollen (legal regulations) and das currently experiencing an imbalance sein (concrete events). The Das of the system, where political parties Sein which happened today has made centrally control the policy making to the das sollen which is in Law no. 10 elect candidates for regional heads of 2016 concerning the Election of who incidentally ignores the Governors, Regents, and Mayors aspirations of the region (party cannot be applied properly. Of regional administrators), even though course, this creates legal uncertainty the fact is that constitutionally the and is dangerous for the operation of regions are an autonomous region that a constitutional system. has its own authority to develop its region. This becomes the Impact of the Postponement of the ambivalence of the system that will 2020 Regional Head Elections destroy democracy itself, moreover (Pilkada) that the general knowledge of the In the midst of the Covid-19 community considers that political outbreak, the impact was felt on parties are pillars of democracy. society, especially the Indonesian Then, how is it possible for a system people. This year's Pilkada cannot be to run consistently if there is a system held simultaneously. The total deviation in the body of the system number of regions that will carry out (political parties).13 When Covid-19 entered the Pilkada simultaneously in 2020 is Indonesia and was officially 270 regions, with details of 9 announced on March 15, 2020, there provinces, 224 regencies and 37 were practically a phase that was cities. However, this year's Pilkada postponed by the KPU. There were cannot be implemented or postponed four stages that were officially due to the impact of Covid-19 that is postponed. The four stages postponed hitting Indonesia. This is done as an by the KPU, namely, Voting effort to anticipate the spread of the Inauguration (PPS), verification of virus. With the impact of the rapid the support requirements of spread of Covid-19 in Indonesia, the

13 Ibid.

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Government and DPR officially that will expire in 2020. Options that postponed the implementation of the can be taken are to extend the SK or Pilkada in September 2020. KPU as a prepare a temporary Acting Officer to whole does not have full authority carry out the duties of the regional over the postponement of elections head. This is done to minimize and election stages, because it is the problems that will arise due to the authority of the Lawmakers and still absence of legal certainty that needs to coordinate with the Minister legitimizes the status of regional of Home Affairs. in deciding the heads and may confuse the postponement of the bureaucracy. Not only that, political Pilkada. Therefore, it is necessary to parties will certainly move to sue the have a Regulation in Lieu of Law regional heads and the central (Perppu) so that the 2020 Pilkada government to take action against the postponement policy has a clear legal Regional Head Decree because it is umbrella. In a situation like this, the considered administratively President as the head of state has the problematic. The DPR RI and the authority to make decisions because Minister of Home Affairs also need to the situation is urgent and pay attention to the vacant leadership compelling. As stated in the decision of regional heads that will emerge if of the Constitutional Court (MK) the SK extension is not an Number 138 PUU / VIII / 2009 option. Because when there is no SK regarding the requirements for the extension, there will be a leadership issuance of a Perppu. The Perppu also vacuum and will hinder the functions as an alternative legal guide performance of the for the KPU in carrying out its duties bureaucracy. Therefore, in these three as an election committee. In line with months there must be legal certainty that, Minister of Home Affairs Tito so that performance is in direct Karnavian has ordered his staff to contact with community services. Do immediately coordinate with relevant not let community services stop ministries, especially with the State because there is no legal certainty Secretariat to begin drafting the 2020 regarding the option of replacing Pilkada Perppu as an amendment to regional heads or extending decrees, Law 10/2016 which regulates the especially in the midst of the Covid- 2020 Pilkada.14 19 pandemic situation which has In addition, the central undermined many lines of community government also needs to review the life. Regional Head Decree

14 Gaffar Janedjri, Politik Hukum Pemilu, (Jakarta: Konstitusi Press, 2012), hlm. 1.

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The General Election state budget by not providing or Commission (KPU) has three choices postponing the provision of honoraria of dates that can be used as voting as determined in the decree. It is days. This was conveyed by Arief sufficient for the state to only Budinman after coordinating with prioritize the budget for each region Commission II of the DPR and the by paying for activities that have been Minister of Home Affairs. The first carried out by the KPU in each option is on 9 December 2020 with a region. The rest of the budget can be delay period of 3 months. The second used to prepare for economic option 17 March 2021 with a delay of recovery after the Covid-19 pandemic 6 months. The third option is 29 is over or it can be relocated to the September 2021 with a delay of 1 Covid-19 pandemic relief aid year. However, the first option was budget.16 Moreover, there is a chosen and could be the priority prediction that this pandemic will option if the Covid-19 pandemic only finish in September 2020 and conditions gradually recovered.15 In January 2021 at the latest. So, it is addition, the postponement of the possible that KPU activities, 2020 Pilkada will also have especially the recruitment of ad hoc an impact on the recruitment of ad personnel and the new election stages hoc officers for regional head could be carried out in 2021. If we elections. The impact could be with look closely , the decision to postpone the recruitment that will be postponed the Pilkada is the best decision so that and the temporary dismissal of the the country's concentration is not performance of ad hoc officers and divided. In a situation like this, the the absence of any honorarium that country must focus on handling will be given because of the tasks that Covid-19, whose positive have not been carried out. However, confirmation has reached more than of course there is a consequential 6,000. If the concentration is divided, impact of the simultaneous the performance of the KPU and the postponement of regional elections in Government could be neglected and the 9 provinces, 224 districts and the results of the performance made 37 cities . The delay will impact on by the government may not reap the the budget that has been disbursed maximum results. and the condition of the human resources (HR) of the organizers. In fact, the government could save the

15 Syaukani, Otonomi Daerah Sistem dan Problem Penerapan Di Dalam Negara Kesatuan, (Yogyakarta: Indonesia, Semarang; LP3M Universitas Pusataka Pelajar, 2004), hlm. 12. Wahid Hasyim, 2005, hlm: 3-6 16 Joko J. Prihatmoko, Pemilihan Kepala Daerah Langsung, Filosofi,

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CONCLUSION and compelling situation. As stated in the decision of the Constitutional General elections are the main Court (MK) Number 138 PUU / VIII mechanism involved in the stages of / 2009 regarding the conditions state administration and government for issuing a Perppu. The Perppu also formation. General elections are seen functions as an alternative legal guide as the most obvious form of for the KPU in carrying out its duties sovereignty in the hands of the people as an election committee. Therefore, in the administration of the in these three months there must be State. However, this year's Pilkada legal certainty so that performance is cannot be implemented or postponed in direct contact with community due to the impact of Covid-19 that is services. Do not let community hitting Indonesia. The Covid-19 services stop because there is no legal outbreak not only forced the certainty regarding options for implementation of the 2020 regional replacing regional heads or extending elections to be postponed. More than SKs, especially in the midst of the that, this pandemic has hit a state law Covid-19 pandemic situation which related to the implementation of has undermined many lines of regional elections. In the midst of the community life. Because it is Covid-19 outbreak, its impact has acknowledged or not, the key to been felt on the community, postponing the 2020 Pilkada lies in especially the Indonesian the legal umbrella which legitimizes people. This year's Pilkada cannot be this and this is what the government held simultaneously. The total and current lawmakers must prioritize number of regions that will carry out for some time to come. the Pilkada simultaneously in 2020 is 270 regions, with details of 9 REFERENCES provinces, 224 regencies and 37 Amirudin, A. Zaini Bisri, Pemilihan cities. However, this year's Pilkada kepala daerah (Pilkada) cannot be implemented or postponed Langsung Problem dan due to the impact of Covid-19 that is Prospek, Yogyakarta: hitting Indonesia. This is done as an Pusataka Pelajar, 2006. effort to anticipate the spread of the Andryan, Eka NAM Sihombing,Penguatan virus. With the impact of the rapid Mahkamah Konstitusi spread of Covid-19 in Indonesia, the Republik Indonesia Melalui Government and DPR officially Constitutional Complaint, postponed the implementation of the Jurnal Hukum Perancangan Pilkada in September 2020. In this Peraturan Perundang- situation, the President as head of undangan, Vol. 4 No. 2, state has the authority to make November (2018). Hadita, Cynthia., Regional Autonomy decisions because it is in a precarious Political Politics Of Regional

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Liability Reports To Regional Semarang; LP3M Universitas Representatives In The Wahid Hasyim, 2005. Implementation Of Local Sihombing, Eka N.A.M., Government, Nomoi Law Pemberlakuan "Parliamentary Review, Volume 1, Issue 1, Threshold" dan Kaitannya May 2020. dengan Hak Asasi Manusia, Ibrahim, Herman. Faisal Siagian, Jurnal Konstitusi, Vol. 1, No. Pemilu dan Reformasi Sistem 1, Juni (2009). Kepartaian, Menuju Syaukani, Otonomi Daerah Dalam Masyarakat Madani yang Negara Kesatuan, Dicita- citakan, Jakarta: Biro Yogyakarta: Pusataka Pelajar, Humas Depdagri, 1999. 2004. Janedjri, Gaffar. Politik Hukum Pemilu, Jakarta: Konstitusi Press, 2012. Kodiyat MS, Benito Asdhie., Abdul Hakim Siagian, Andryan, The

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