Constitutionality Of Simultaneous Regional Head Elections Through E-Voting According To The Constitutional Court Decision Moh. Saleh 1 , Sukardi 2 , Mohammad Ferdian Rizal 3 {saleh.nwa@gmail.com 1 , sukardi_ws@yahoo.co.id 2 , m.ferdian.rizal@gmail.com 3 } Doctoral Student at Faculty of Law Universitas Airlangga 1 , Lecturer of Faculty of Law Universitas Airlangga 2 , Student of Master of Law at Faculty of Law Narotama University, Surabaya, Indonesia 3 Abstract. This paper aims to explain the constitutionality of simultaneous regional head elections through e-voting according to the Indonesian constitutional court decision. The method of this study is conducted with literature, statute, and court decision review. The results found that the e-voting can be used in simultaneous regional head elections with provision that it does not violate the principle of direct, general, free, secret, honest, and fair in electoral providence of the regional head according to the Constitutional Court Decision Case Number 147/PUU-VII/2009. This paper concludes that the simultaneous regional head through e-voting is constitutional. The use of E-Voting can prevent various forms of violations in electoral providence of the regional head. Keywords: Constitutional Court Decision, Regional Head Election, E-Voting 1 Introduction Regional Head Election is an important instrument for a democratic country where people are the holders of sovereignity can directly elect a regional head [1]. Democratic system put every citizen in a free and equal place as mentioned in Jürgen Habermas’ Conception that “a self-organising communiti of free and equal citizens, coordinating their collective affairs through their common reason”[2]. Therefore, all citizens have the same political rights to vote and rights to be candidate in a Regional Head Election [3]. At the time of enactment of Law Number 32 of 2004 concerning Regional Government, Regional Head Election in all regions in Indonesia were not held simultaneously in accordance with the end of the term of office of regional head and deputy regional head. However, since the enactment of Law Number 1 of 2015 concerning the Determination of Government Regulation in Lieu of Law Number 1 of 2014 on the Election of Governors, Regents, and Mayors Becoming an Act as last amended by Law Number 10 of 2016 concerning the Second Amendment of Law Number 1 of 2015 concerning the Determination of Government Regulation in Lieu of Law Number 1 of 2014 on the Election of Governors, Regents, and Mayors Becoming an Act, Regional Head Election is held simultaneously. The implementation of a simultaneous Regional Head Election is carried out in 5 (five) waves as in the following table: Table 1. The Implementation of a Simultaneous Regional Head Election in Indonesia ICBLP 2019, February 13-14, Sidoarjo, Indonesia Copyright © 2019 EAI DOI 10.4108/eai.13-2-2019.2286065