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Member of Parliament Martin Hutabarat and representative of the Government of Reydonnyzar Moenek confirmed that Act 8 of 2012 on the Election of Members of the House of People Representatives, House of Regional Representatives and Regional Representatives Council has guaranteed the representation of women as legislative candidates. It is for giving preferential treatment (affirmative action) to women and in line with the constitution.

This case presented in Session Case No. 20/PUU-XI/2013 on Tuesday (16/4) at the Plenary Court. According to Martin Hutabarat, Article 56 paragraph (2) and an explanation letter b and Article 215 of the Election Law Legislature as tested by the applicant, is one of refinement and change of law provision contained in the previous legislative elections.

"Particularly relevant opportunities and ample opportunities for women to be nominated as a member of the legislature who set that contains a list of prospective candidates must be at least 30% representation of women," said Martin.

According to him, Article 56 paragraph (2) of the Act and the legislative elections explanation, has opened up considerable opportunities for female candidates to be placed on the number 1, or 2, or 3, and so on the list of legislative candidates.

Similarly to Article 215 paragraph b Act on Legislative Election which has given room for consideration of the representation of women in the determination of selected candidates. "Where, if there are two or more candidates who comply with the most votes are the same vote totals, then women will be given the opportunity and greater opportunities," he said.

Therefore, the Parliament views that the provision did not preclude women candidates to be placed on a small serial number. In addition, Martin said, this provision does not prohibit the placement of female candidates respectively.

In addition, says Martin, is also much related to the applicant’s request to the Constitutional Court’s decision stating the determination of candidates elected by a majority vote system. So that, according to him, is actually the placement of women candidates will not affect the level of desirability. "Both in the number one or two, and so on, would be like the other candidates, including men. Constitutional Court’s decision is a challenge even for women, because in fact the House has given ample opportunity for women, "he explained.

In tune with the views of the House of People Representatives, Reydonnyzar Moenek also stated that the petition is related to the Constitutional Court’s decision on a majority vote. "So the placement of women in any sequence number does not necessarily affect electability in the general election," he said.

He considered the provision that the applicant tested, not in a position to harm the constitutional rights of women, but instead want to strengthen the presence and position of women in the system of representation. Its main purpose is guarding women’s representation in elected nominations tally

"The representation of women in the law over construction strengthens our respect and appreciation to empower women so that women can take part in the wider political dynamics in Indonesia," said Reydonnyzar.

The next session will be held on Thursday (25/4) at 10:30 pm, in the Meeting Room of the Court. Applicant plans to present two expert testimonies to be heard. (Dodi / mh)

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