Fadjroel Rachman, Mariana, Bob Febrian, and six political parties; Hanura Party, Democracy Renewal Party, Welfare Indonesia Party, Labour Party, National People Care Party, also Republikan Party sat together as Petitioners in the Plenary Court Room of the Constitutional Court, Tuesday (23/12). They filed a lawsuit to the Constitutional Court to review Article 9 of Act No. 42/2008 about Presidential General Election (Act on Presidential Election).

“The Article has made political parties the only mechanism for presidential candidacy opportunity, and closed the citizen s right to propose their own leaders,” explained Taufik Basari, the Legal Counsel of Fadjroel Rachman; Mariana; and Bob Febrian. 

In detail, three individual Petitioners pleaded the Court to review Article 1 paragraph (4) so long as concerning the phrase “which is proposed by a Political Party or a Combination of Political Parties”, Article 8 so long as concerning the phrase “by a Political Party or a Combination of Political Parties”, Article 9 so long as concerning the phrase “by a Political Party or a Combination of Political Parties participating in general election which meet the requirement of 20% (twenty percent) minimum seats attained of the total Parliament seats available or attaining 25 % (twenty five percent) of the total national legal votes in Parliamentary election”, also Article 13 paragraph (1) of Act on Presidential Election.

As Indonesian individual citizens, the three Petitioners argued that 1945 Constitution did not prohibit independent Presidential candidate pairs or from non-political parties. The Stipulation was arranged in Article 6A Paragraph (2) of the 1945 Constitution was not a barrier for independent President and Vice President Candidacy, nor could it be interpreted as prohibition to propose a candidate pair outside the proposal from a political party or combination of parties.

The lawsuit from the three citizens was backed by the lawsuit submitted by six political parties on Article 9 of the same Act. “The 1945 Constitution arranges that the president-vice candidate pair proposes by a political party or combination of political parties participating in General Election before the event of the election. Period. There are not any other requirements,” mentioned Wiranto as the General Chairman of Hanura Party in a press conference after the trial.

Wiranto mentioned that the number 20 and 25 percent had caused the future alternative leaders chance became smaller. People s right to vote for their leader had been castrated by the rule which did not accommodate wide opportunity for the people to choose their leader.  “In democratic principles, the sovereignty is from the people, by the people and for the people. Therefore, do not inhibit people s right to choose by limitative regulations. Give the people a big chance. Whoever chosen, that is later. In presidential election, let us talk about quality. Do not compete by creating inhibiting limitations,” ended Wiranto. (Kencana Suluh Hikmah)

Photo: Doc. MK PR/Ardli N

Translated by Yogi Djatnika / MK