Revealed, This is the Reason the Constitutional Court Disqualified Ade Sugianto from the Tasikmalaya District Election

Kapanlagi.com - The Constitutional Court (MK) has just taken a bold step by disqualifying Ade Sugianto from the race for the 2024 Tasikmalaya Regent and Deputy Regent election. This decision was announced in a session led by the Chief Justice of the MK, Suhartoyo, on Monday, February 24, 2025, through Decision Number 132/PHPU.BUP-XXIII/2025. With this decision, Ade Sugianto is declared ineligible to run in the Tasikmalaya regional election, as he is considered to have served for two terms.

This session also partially granted the request from the candidate pair for regent and deputy regent number 2, Cecep Nurul Yakin and Asep Sopari Al-Ayubi. On the other hand, the General Election Commission (KPU) of Tasikmalaya acted as the Respondent, while Ade Sugianto and Iip Miftahul Paoz were considered Related Parties.

The impact of this decision is very significant for the course of the 2024 Tasikmalaya District Election. The MK not only disqualified Ade Sugianto but also annulled several decisions of the Tasikmalaya KPU related to his candidacy. Furthermore, the MK ordered a re-vote (PSU) to be held without the presence of Ade Sugianto within 60 days after the decision was read.

1. The Constitutional Court Decides Ade Sugianto Cannot Run Again in the Tasikmalaya District Election

In a shocking decision, the Constitutional Court (MK) affirmed that H. Ade Sugianto must be removed from the list of candidates in the 2024 Tasikmalaya District Election. The Chief Justice of the MK, Suhartoyo, firmly read the verdict stating that Ade's candidacy is contrary to the provisions regarding the term of office of regional heads.

"Declares disqualification against H. Ade Sugianto as a Candidate for the Regent of Tasikmalaya in the 2024 Regent and Deputy Regent Election," said Suhartoyo during the verdict session held on Monday, February 24, 2025, as reported by the official MKRI website.

Not only that, the MK also annulled several decisions of the Tasikmalaya KPU, including Decision Number 2689 of 2024 which established the election results. This decision certainly has significant implications for the course of the regional election in Tasikmalaya, which now has to repeat the voting process without Ade as a candidate.

2. Why Was Ade Sugianto Disqualified?

The main reason for Ade Sugianto's disqualification is that he is considered to have served as the Regent of Tasikmalaya for two terms. According to the Constitutional Court (MK), the calculation of the term of office of a regional head is not only based on the official inauguration but also from the time a person starts to perform their duties in a real and factual manner.

The MK refers to several previous rulings, such as MK Decision Number 22/PUU-VII/2009, 67/PUU-XVIII/2020, 2/PUU-XXI/2023, and 129/PUU-XXI/2024. In these rulings, the MK established that the term is counted as one period if someone has served for more than 2 years and 6 months (2.5 years), whether as a definitive official or acting official.

Through this calculation, Ade Sugianto is considered to have served for 2 years, 6 months, and 18 days since September 5, 2018, thus counted as one term. Added to his term as regent for the 2021-2025 period, he is deemed to have completed two full terms.

3. What Will Happen to Iip Miftahul Paoz After Ade's Disqualification?

Although Ade had to withdraw from his candidacy, the spirit of the struggle lives on through his representative, Iip Miftahul Paoz, who is allowed to continue his steps. The Constitutional Court (MK) emphasized that the party supporting this pair must immediately find a replacement for Ade without changing Iip's position as the candidate for deputy regent.

"Without replacing H. Iip Miftahul Paoz as the candidate pair in the Tasikmalaya Regent and Deputy Regent Election in 2024," Suhartoyo continued.

With this decision, a new challenge arises for the supporting party to find the right candidate so that Iip can continue his struggle in the upcoming Re-vote (PSU).

4. MK Orders Re-vote (PSU) in Tasikmalaya

This decision by the Constitutional Court (MK) has shaken not only Ade Sugianto's candidacy but also the entire process of the Tasikmalaya Regent Election.

The MK instructed the General Election Commission (KPU) of Tasikmalaya to carry out the Re-vote (PSU) within 60 days after the decision was read, and interestingly, Ade Sugianto is not allowed to participate as a candidate.

Moreover, the MK emphasized that the PSU must still be based on the Permanent Voter List (DPT), the Transfer Voter List, and the Additional Voter List that are the same as those used in the voting that took place on November 27, 2024.

5. FAQ

1. Why was Ade Sugianto disqualified from the Tasikmalaya Pilbup?

Ade Sugianto was disqualified because he was considered to have served two terms as the Regent of Tasikmalaya, based on the Constitutional Court's calculations.

2. What is the impact of this disqualification?

This decision requires the KPU Tasikmalaya to conduct a re-vote (PSU) without Ade as a candidate.

3. Can Iip Miftahul Paoz still run in the Pilbup?

Yes, Iip can still run. The supporting party only needs to find a replacement for Ade without replacing Iip.

(kpl/rmt)