TNI and Polri members are not allowed to vote in the presidential elections on 9 July. As regulated in MK verdict 22/PUU-XII/2014 which was recited by Hmadan Zoelva, Wednesday (28/5).

“Grants all Applicants’ pleading, Phrase “year 2009” in Article 260 Act 42/2008 about presidential elections, opposes 1945 Constitution” Hamdan said over Chief of Human Rights National Commission (Komnas HAM), Ifdhal Kasim’s pleading  

On Court’s opinion, Human rights might be limited but not absolute, including the rights to choose and to be chosen. On that ground, decision to annul TNI and Polri rights in the elections, which is implied in Act of Polri, Act of TNI, Act of Representative Elections, and Act of Presidential Elections, is corresponding with 1945 Constitution Article 30 verse (2) which says, “Effort of defense and security will be carried out through Total People’s Defense mechanism which enforced by Indonesian National Armed Forces and Republic of Indonesia Police Department, as the main force and the people as reserves force.” While, verse (4) of the same article says, “Republic of Indonesia Police Department as State’s tool to maintain People’s security is competent to protect, look over, serve the people, and law enforcement.

“On Court’s opinion, TNI and Polri’s neutrality as written on Article 260 Act 42/2008 is important due to the TNI and Polri’s strategic duty, and matches 1945 Constitution” Judges said.

 Besides, Article 260 Act 42/2008, which mentioned “In the 2009 Presidential Elections, members of TNI and Polri are not allowed to use their voting rights”, smeared law uncertainty, because the regulation will not take place in the 2014’s election. (Lulu Anjarsari/mh)