The Constitutional Court conducted a judicial review on Article 2 paragraph (3) sub-paragraph b of Law No. 31 of 2002 concerning Political Party (Political Party Law) petitioned for by Lieus Sungkharisma, the Chairperson of Indonesian Chinese Reform Party (PARTI), and Rear Admiral (Ret.) Sumitro (Secretary General of PARTI) on Wednesday, (24/10), in the Plenary Session Room 1 at the Court’s Building. The hearing scheduled for the Preliminary Examination was presided over by Constitutional Justice H.A. Mukthie Fadjar and panel members, including Constitutional Justice Maruarar Siahaan and Constitutional Justice Soedarsono, and assisted by Substitute Registrar Eddy Purwanto.

The petitioners in case No. 25/PUU-V/2007 requested for a decision of the Constitutional Court declaring that Article 2 paragraph (3) sub-paragraph (b) of the Political Party Law which reads: “Political Party as intended in paragraph (1) must be registered with the Ministry of Justice by meeting the following requirements: b. having executive boards in at least 50% (fifty percent) of the total number of provinces, 50% (fifty percent) of the total number of regencies/cities in each of the relevant provinces, and 25% (twenty-five percent) of the total number of sub-districts in each of the relevant regencies/cities” is contradictory to the 1945 Constitution and does not have binding legal force.

According to the Petitioners, the requirement set forth in the aforementioned article has hampered the establishment of local political parties. Whereas the main objective of local parties, such as PARTI, is to provide political education for their cadres in regions. The petitioners also said that the establishment of political parties in Nanggroe Aceh Darussalam (NAD) for nominating candidates for the posts of Governor/Vice Governor, Regent/Vice Regent and Mayor/Vice Mayor should also be applied in other provinces in order to avoid dualism in the enforcement of the provisions set forth in Article 18 paragraph (4) of the 1945 Constitution. Otherwise, it would be deemed as a violation to the citizens’ rights guaranteed by Article 28D paragraphs (1) and (3) of the 1945 Constitution.

In addition, the petitioners also asked the Court to declare that the acknowledgement of local political parties’ establishment should be applied throughout the territory of the Unitary State of the Republic of Indonesia, without any exception. Responding to the requests, the Panel of Constitutional Justices said that the Constitutional Court cannot issue an order that the establishment of local political parties be applied throughout the Indonesian territory.

Furthermore, the Panel of Constitutional Justices gave an advice to the Petitioners to seek for legislative review by the Parliament, while giving them some time for revising their petition. (Mastiur A.P.)

Wednesday, October 24, 2007 | 16:44 WIB 246
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