Registrar of Court, Kasianur Sidahuruk gave the verdict to the Government files associated Act on Political Parties on Wednesday (4 / 8), at the Plenary Room.

Constitutional Court (MK) declared unconstitutional the conditional clause of Article 51 (1a) of Law No. 2 of 2011 on Political Parties. This verdict was read by the Chairman of the Constitutional Court, Moh. Mahfud MD, assisted by eight judges constitution on Wednesday (4 / 8), at the Plenary Court Room. The petitioners in this petition, including Dana Iswara Basri, Fikri Jufri, M Husni Thamrin, Budi Arie Setiadi, Susy Rizky Wiyantini, Goenawan, Sony Susanti, Daminus Taufan, and Andi Rahmat Tolleng.

"The Court granted the petition of the Petitioners for the most part. Article 51 paragraph (1a) of Law Number 2 Year 2011 regarding Political Parties in conflict with the Constitution of the Republic of Indonesia Year 1945 to the extent not understood ‘Verify political party formed after this Law shall be held no later than 2.5 years in before polling day to vote in first general election after the political party founded and incorporated ‘, "explained Mahfud on case Number 37/PUU-IX/2011.

In the opinion of the Court, the Vice Chairman of the Constitutional Court Achmad Sodiki explain the provisions of Article 51 paragraph (1a) of Law 2 / 2011 petitioned for review by the Petitioners provide two different legal interpretations. First, a period of 2.5 years of verification of legal political party formed after the Act was intended to follow the elections at the earliest opportunity, and the second period of 2.5 years verification of legal status of political parties formed after the Act This Act not to follow the elections in 2014. Court argued that if the verification of political parties to obtain legal entity is required to the new political party which did not participate in 2014 elections, then the requirement is to limit the right of freedom of association and assembly are regulated in Article 28 of the 1945 Constitution.

"According to the Court, with the petition a quo, then the new element that must be assessed by the Court is the constitutionality of the provision, ‘... verification must be done no later than 2.5 years before the vote ‘. Such provisions cover the possibility for citizens who want to establish a political party at any time, as well as preventing new political parties do not intend to participate in these elections. Court’s opinion, the provisions of Article 51 paragraph (1a) of Law 2 / 2011 in Number 15/PUU-IX/2011 decision, dated July 4, 2011, must be interpreted that must be completed within a period of at least 2.5 years before the polling day is the completion verification to follow the first general election since the political party founded and incorporated. Based on the considerations mentioned above, in series with one another, according to the Petitioners’ argument the Court for some legal reason, "he explained.

Meanwhile, the Petitioners’ argument that objected to Article 2 paragraph (1) and subsection (1a) of Law 2 / 2011 on condition the formation of new political parties, the Court considered that the requirement is a reasonable policy choice, and thus the requirements are not excessive. The Court further Sodiki, to establish political parties should not only used comparisons with the Political Parties Act that long, but should also consider the growing population.

"In addition, as a negative legislator basically the Constitutional Court can not form a norm instead of the norm have been disqualified so that when the article is canceled or declared unconstitutional, there will be a legal vacuum. Moreover based on past experience, any change of the Law on political parties also always change the terms of the establishment and formation of new parties. It can be understood as an adjustment to the level of development of the state and nation. Therefore, the Petitioners’ argument is groundless under law, "explained Sodiki.

Then, Sodiki reveal the Petitioners also argued that the Act a quo has been difficult for political parties to be legal, since Article 3 paragraph (2), especially the letter c Act 2 / 2011 requires that political parties must have a management board in each province, and at least 75% of the total districts / municipalities in the province concerned, and at least 50% of the number of districts in the regency / municipality concerned. According to the Court, it is the policy of the law (legal policy) from forming law in the field of party and election that is objective, and is an attempt to simplify the natural and democratic multiparty system in Indonesia. Based on the foregoing considerations, the Court considers that the provisions of Article 2 paragraph (1) and Article 3 paragraph (2) letter c Act 2 / 2011 is not contradictory to the 1945 Constitution as argued by the Petitioners.

"If even a quo article determines the strict rules in the formation of new political parties, it is intended to strengthen political parties in the community because the purpose of the establishment of political parties not only to participate in elections, but also to: (i) political education for members and the public to become citizen of the Republic of Indonesia is aware of their rights and obligations in the life of society, nation and the state, (ii) the creation of a conducive climate as well as the glue of national unity for the welfare of communities, (iii) absorber, collector, and channeling the political aspirations of the people in a constitutional manner in formulating and setting state policy, (iv) a vehicle of political participation of citizens, and (v) political recruitment in the process of filling political positions through a democratic mechanism with due regard to equality and gender justice, "said Sodiki. (Lulu Anjarsari/mh/Yazid.tr)