The Constitutional Court (The Court) decided to rule out the entire claims in Case No. 51-52-59/PUU-VI/2008 about the review of Article 3 paragraph (5) and Article 9of Act No. 42/2008 about Presidential Election (Act on Presidential Election), Wednesday (18/02), at The Court s Plenary Room.

Saurip Kadi was the Petitioner in Case No. 51/PUU-VI/2008, Star and Crescent Party was the Petitioner in Case No. 52/PUU-VI/2008, and a coalition of parties; Hanura, PDP, PIS, Labor Party, PPRN, and RepublikaN were the Petitioners in Case 59/PUU-VI/2008.

The Petitioners considered Article 3 paragraph (5) of Act on Presidential Election which determined the Presidential election to be held at different times with the election for members of the House of Representatives Assembly (DPR), City Council (DPD) and Regional Representatives Assembly (DPRD) was against the stipulation in 1945 Constitution.

Meanwhile, Article 9 of Act on Presidential Election requiring Parties or a coalition or Parties to attain 20 percent quota in the Parliament or 25 percent of legal votes in for someone to be proposed by a Party or a Coalition of Parties while the enactment gave raise to injustice.

The Decision of The Court as read by The Chief Justice, Moh. Mahfud MD, stating that Article 3 paragraph (5) of The Act was merly a way or a matter of procedures. The experience had it that Presidential Election was held following the Legislative Election because the elected President was inaugurated by the People Deliberation Assembly according to Article 3 paragraph (2) of The 1945 Constitution, “Therefore the election for candidates of the House of Representatives, City Council and Regional House of Representatives has to be prioritized in order to form the People Deliberation Assembly,” articulated Mahfud.

Similarly, Article 9 of the same Act was not against the 1945 Constitution. “The 20 percent threshold for House seat and 25 percent of national legal votes in election for members of the House of Representatives requirement do not violate Article 6A paragraph (5) of the Constitution which mandating that the procedure for Presidential Election is further arranged by law,” continued Mahfud in reading the Court s Decision.

The requirement of 20 percent support for Parliament s chair and 25 percent of total national legal vote, according to The Court, was an initial support. The real support would later be determined by the result of the Presidential election through political parties achieving certain amount of support through the election.

In the decision reading, three justices had dissenting opinions; Abdul Mukthie Fadjar, Maruarar Siahaan, dan Akil Mochtar. The three justices saw that the Presidential election could be held alongside with the Legislative election as regulated implicitly in Article 22E paragraph (2) UUD 1945. (Rojil NBA)

Photo: Doc. CCRI PR/Ardli N

Translated by Yogi Djatnika / CCRI