The Constitutional Court rejects the entire petition of former commissioner candidate Kepahiang Regency, Bengkulu, Meyce Dwi Wahyuni, Wednesday (12/3). Court considers the petition who sued the provisions representation of women in Election Law no legal grounds.

Previously, Meyce considered that Article 6 paragraph (5) of the General Election has created legal uncertainty. Therefore, in quo article contained the phrase "pay attention to the representation of women at least 30 percent" is less clear, less assertive, and ambiguous, giving rise to multiple interpretations. The article reads as follows.

Article 6

(5) The composition of the membership of the KPU, Provincial and Regency / City KPU attention to the representation of women at least 30 % (thirty percent)

According to Meyce, the article should have interpreted that as many as 30 percent of women representation in the management of government agencies is an absolute. However, Bengkulu Regency assumes no obligation or necessity of women in the membership composition of the Commission should be as much as 30 percent. Bengkulu Election Commission’s assumption that causes Meyce unqualified to be members of Kepahiang Election Commission though it was passed in the selection process and being the only female candidate.

Against the argument, the Court found real affirmative action is a policy that is applied to certain groups who experience inequality by giving special treatment to equality is reached. However, the implementation of affirmative action cannot be enforced without regard to the ability of the parties of unequal / unbalanced position, in this case women. If the policy is enforced without consideration of women’s ability it is feared to uphold the dignity of women and cannot be achieved precisely the opposite effect.

The Court also said that the affirmative action policy in the terms of women’s representation is a policy that is open (opened legal policy). Therefore, the 1945 Constitution did not provide strict limits on women’s representation in filling certain positions.

"Based on the assessment above the law , the Court says ‘pay attention’ contained in Article 6 ( 5 ) 15/2011 cannot be interpreted that in charging members of KPU, Provincial and Regency / city must include the representation of women at least 30 percent absolute . However, because of the affirmative action in charging the membership of women in positions members KPU, Provincial and Regency / City so if there are women who have passed all stages of the selection and the meet the same qualifications as prospective members of the male, while the female members no one has been elected, then in such circumstances women should be prioritized to be members of Election Commission, Provincial, Regency / city. Thus the Court is Petitioner’s argument along concerning Article 6, paragraph 5 of Law 15/2011 is not unreasonable under the law," said Fadlil read the Court’s opinion. ( Yusti Nurul Agustin / mh )