The Constitutional Courts Review Of The Presidential Election Law, The Constitutional Court Law,
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The Constitutional Court held a hearing for judicial review of five laws simultaneously on Tuesday, July 10, 2007 at 10:00 Western Indonesian Time in courtroom of the Constitutional Court at Jalan Merdeka Barat Number 7, Central Jakarta. The five laws under review are Law Number 23 Year 2003 on the General Election of the President and Vice President (the Presidential Election Law), Law Number 24 Year 2003 on the Constitutional Court (the Constitutional Court Law), Law Number 5 Year 2004 on the Amendment to Law Number 14 Year 1985 on the Supreme Court (the Supreme Court Law), Law Number 32 Year 2004 on Regional Government (the Regional Government Law) and Law Number 15 Year 2006 on the State Audit Board (the State Audit Board Law). The hearing scheduled for the preliminary examination was attended by the Constitutional Court Justices namely I Dewa Gede Palguna, S.H., M.H., as the Panel Chairman, Prof. H.A.S. Natabaya, S.H., LL.M., and Maruarar Siahaan, S.H. as Panel Members.

The hearing for this case number 17/PUU-V/2007 was filed by Hendry Yosodiningrat, S.H., Budiman Sudjatmiko, MSc., M.Phil., and Ahmad Taufik with their attorneys-In-Fact being Ari Yusuf Amir, S.H., M.H., Sugito, S.H., Nur Ismanto, S.H., MSi, Zairin Harahap, S.H., MSi., and Ahmad Khairun, S.H., M.Hum. The Petitioners question the requirements for candidates for President/Vice President in Article 6 Sub-Article t of the Presidential Election Law, Constitutional Court Justice candidates in Article 16 Paragraph (1) Sub-Paragraph d of the Constitutional Court Law, Supreme Justices candidates in Article 7 Paragraph (2) Sub-Paragraph d of the Supreme Court Law, candidates for Head/Vice Head of Regions in Article 58 Sub-Article f of the Regional Government Law, and candidates for the State Audit Board Members in Article 13 Sub-Article g of the State Audit Board Law.

Several Provisions questioned by the Petitioners

Article 6 Sub-Article t of the Presidential Election Law

The Presidential and Vice-Presidential candidates shall meet the following requirements: Have never been sentenced to imprisonment by a final court decision for a crime punishable by imprisonment of 5 (five) years or more.

Article 16 Paragraph (1) Sub-Paragraph d of the Constitutional Court Law

To be appointed a constitutional justice, a candidate must meet the following requirements: Has never been convicted by a final and binding court decision of a crime punishable by imprisonment of 5 (five) years or more;

Article 7 Paragraph (2) Sub-Paragraph d of the Supreme Court Law

If necessary, supreme court justices may be appointed not based on carrier system with the requirement that the candidates have never been sentenced to imprisonment by a final court decision for a crime punishable by imprisonment of 5 (five) years or more.

Article 58 Sub-Article f of the Regional Government Law

Candidates for Head Vice Head of Region shall be citizens of the State of the Republic of Indonesia who meet the requirements: have never been sentenced to imprisonment by a final court decision for a crime punishable by imprisonment of 5 (five) years or more.

Article 13 Sub-Article g of the State Audit Board Law

To be appointed as a Member of the State Audit Board, a candidate must meet the following requirements: has never been sentenced to imprisonment by a final court decision for a crime punishable by imprisonment of 5 (five) years or more.

During the hearing, one of the Principal Petitioners, Ahmad Taufik, stated that with the application of the provisions of the aforementioned five laws has the potential to impair their constitutional rights as citizens. In the petitum, the Petitioners request the Panel of the Constitutional Court Justices to grant their petition and to declare that Article 16 Paragraph (1) Sub-Paragraph d of the Constitutional Court Law, Article 7 Paragraph (2) Sub-Paragraph d of the Supreme Court Law, Article 58 Sub-Article f of the Regional Government Law, and Article 13 Sub-Article g of the State Audit Board Law are contradictory to Article 27 Paragraph (1), Article 28C Paragraph (2), article 28D Paragraph (1), Article 28D Paragraph (3), Article 28I Paragraph (5) of the 1945 Constitution of the State of the Republic of Indonesia and to declare that such articles have no binding legal effect.

Before adjourning the hearing, the Panel of Constitutional Court Justices advised the Petitioners and their Attorneys-In-Fact to give arguments and enclose evidence in their petition. The Petitioners were give 14 days to revise their petition. (Prana Patrayoga Adiputra).

 


Tuesday, July 10, 2007 | 15:40 WIB 314