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The Constitutional Court was considered not to have strong legal ground to grant the judicial review of Act No.23/2003 on Presidential and Vice Presidential election related to the candidacy from individual elements.

"There is no single article in the 1945v Constitution regulating the president candidacy from outside the political parties line or coalition of parties," said a political and legal observer, Nicolaus Pira Bunga in Kupang, Wednesday (3/9), responding to the filing of the review of Act on Presidential Election to the Constitutional Court by a group of people who felt their constitutional rights had been violated related to the candidacy from individual line.

The People Deliberation Assembly as the institution authorized in doing the constitutional amendment would rather do the amendment on the articles in the 1945 Constitution to accommodate the candidates as an answer to people’s aspiration demanding president’s candidate from individual line.

"As long as there is no article in the 1945 Constitution regulating the individual candidacy, the registration of a candidate outside political parties or coalition of parties would still be considered unconstitutional because of not having strict and clear legal reference," said the lecturer at Law Faculty of Nusa Cendana University (Undana) Kupang.

The existence of the discourse about president candidates from independent line was more to the interpretation of articles in the 1945 Constitution like Article 27 paragraph (1), Article 28D paragraph (1) and paragraph (3) also Article 28I paragraph (2). "As a product, an Act could not be used as an interpreter of the 1945 Constitution to propose a political interest," he said.

The Act No. 23/2003 did not regulate at all about president or vice-president candidates from individual line. Article 1 letter 6 of Act on Presidential Election stated that, "A single ticket for President and Vice President further called as single ticket of candidate is a participant of Presidential Election proposed by political parties or coalition of political parties which fulfill the requirements ".

Article 5 paragraph (1) of Act on Presidential Election stated that, A single ticket for President and Vice President Election is a single ticket of candidate proposed by political parties or coalition of parties ".

"the regulation in the Act on Presidential Candidacy is clear enough, then there is not enough reasons to file a candidate for president and vice from individual line just based on an interpretation of the 1945 Constitution," he said.

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Source: http://www.jurnalnasional.com/?media=KR&cari=mahkamah konstitusi&rbrk=&id=63956&detail=Politik - Hukum – Keamanan

Photo: Courtesy of Constitutional Court Public Relation Doc.

Translated by: Yogi Djatnika

 

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