The Constitutional Court (MK) states Yusril Ihza Mahendra petition requesting interpretation of constitutional norms relating to the terms and time of submission of presidential candidates in the election for president and vice president cannot be accepted , Thursday ( 20/3 ) . Court concludes that he has no authority to hear the petition.

"Verdict, hearing, stated. Petition in interpreting Article 4 paragraph ( 1 ) and Article 7C , associated with Article 22E Paragraph ( 1 ) , paragraph ( 2 ) and paragraph ( 3 ) and the interpretation of Article 6A paragraph ( 2 ) of the Constitution of the Republic of Indonesia Year 1945 is not acceptable . Rejecting the petition in addition to, and beyond," said Chief Justice Hamdan Zoelva to pronounce a case No. 108/PUU-XI/2013.

Previously, Yusril who has been nominated by the Crescent Star Party (PBB) to be a candidate for President of the Republic of Indonesia in the election of President and Vice President in 2014 was “thwarted " stride. Therefore, Section 6A paragraph (2) of the 1945 Constitution declared candidacy for president and vice president of the pair should be implemented before the general election. However, Article 6A paragraph (2) of the 1945 Constitution does not clearly indicate which one is Election. Yusril assume13, election in question is legislative elections. This is evident from the content of Article 22i of the 1945 Constitution which states Election implemented fair and honest once every 5 years, held to elect members of the House of Representatives, the president and vice president of the participants is the political party.

However, Article 3, paragraph ( 5 ) , Article 9 , Article 14 paragraph ( 2 ) and Article 112 of Law no. 48 of 2008 on the General Election of President and Vice President determines presidential election held after the legislative elections , presidential candidates and vice president nominated by a political party or coalition of political parties participating in the elections that meet the requirements of at least 20 percent of seats . That’s why , in his petition demands or Yusril asks the Court to give a constitutional interpretation of the intent of Article 22E Paragraph ( 1 ) , ( 2 ) , and ( 3 ) of the 1945 Constitution by declaring election in these chapters construed as an election held every five years to elect members of the House of Representatives, the president and vice president , and the parliament that the implementation is done simultaneously at the same time.

 “Mutatis Mutandis”

Against the argument that states Yusril implementing the provisions of the Election of Members Organization Representative body first and then choose the executive ( presidential ) is contrary to the 1945 Constitution , the Court declared the real substance of Petitioner’s argument mutatis mutandis ( with the necessary changes ) to Decision No. 14/PUU-XI/2013, dated January 23, 2014.

Meanwhile, related to Petitioner’s argument that states the nomination of candidates for President and Vice President had to be done before the general election the Parliament and Council also substantially been considered by the Court in its Decision No. 14/PUU-XI/2013, dated January 23, 2014. As to the substance of the provision, the Court did not properly declare the presidential administration and enforcement of Election of Members of Representative Institutions simultaneously in 2019 and the next election based solely on the consideration of technical readiness or procedure for the organization by the Election Commission only as argued by the Applicant.

According to the Court, Judgment of the Court dated January 23, 2014 and the Decision of the Court Number 51-52-59/PUU-VI/2008 , dated February 18, 2009 has mentioned explicitly that the provision is an open legal policy or delegation of authority can be defined as an open legal policy by the legislators. As for the rest of the Petitioner’s arguments relating to Article 9 of Law 42/2008 is not relevant for consideration. ( Yusti Nurul Agustin / mh )