- The Constitutional Court has rendered Decision No. 91/PUU-XX/2022 (“Decision 91/2022”), ruling that a Chairman of an advocates’ organization may be elected for a period of five years and may only be re-elected once to the same position and period of office, either consecutively or non-consecutively. Moreover, during a given period of office, a Chairman may not serve as the Chairman of a political party, at either the national or regional levels.
- In response to this ruling, Fahri Bachmid, a legal expert on Constitutional Law at the Universitas Muslim Indonesia, has stated that, constitutionally, Decision 91/2022 should have no legal implications in terms of the currently sitting Chairman of the National Representative of PERADI (“DPN PERADI”), as Decision 91/2022 will only be applied prospectively and will not be applied retroactively, while Decision 91/2022 is also a limited constitutional decision which tolerates the implementation of an unconstitutional provision in order to provide a transitional period for the relevant parties to adjust to the decision.
- As a consequence, the current Chairman of DPN PERADI may continue in his position and carry out his constitutional duties in accordance with the applicable laws and regulations until his chairmanship period of office ends. However, the upcoming Chairman of DPN PERADI may only be elected for two periods of office at the maximum, while it should be noted that Decision 91/2022 will be legally binding upon the upcoming Chairman of DPN PERADI.
- For more on this story, see “Masa Jabatan Ketum DPN Peradi Tetap Konstitusional, Ini Penjelasan Fahri Bachmid”
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