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Heading toward Presidential Election, which will be handled on the upcoming 9 July, the pleading over regulation of Presidential Candidates was filed to MK. A number of articles on Act 42/2008 about the presidential election (UU Pilpres) were registered to undergo Judicial Review by the Independent Committee of People’s Governance and individual pleading on Monday (16/6) at MK Panel Hearing Room.     

In the pleading which registered upon number 49/PUU-XII/2014, the Independent Committee of People’s Governance was represented by Sri Sudarjo argues Constitutional Rights were harmed by the validity of Article 1 number 2, number 3, number 4, and number 5 letter V, Article 6 number 1, number 2, number 3, number 4, Article 11 number 1, number 2, Article 13 number 1, number 2, number 3, Article 15 letter a, letter b, letter c, and letter d Act of Pilpres. According to Sudarjo, all Indonesian Citizens’ Constitutional Rights must be regarded to be elected and to elect during the presidential elections through Independent Committee of People’s Governance. Political rights, on elections and running political movement must be regarded as well.

“Our rights to be elected on presidential elections are hampered to this day, this is unparallel from what have been determined in the constitution and Pancasila,” She said.   

Apart from it, Sudarjo cited that the regulation of parties-oriented president candidacy harms the legal rights of independent candidates, because the concept of legal-based country requires national protection, Judicial independency, free election, freedom to argue, and indepency of elect and to be elected.  

Governor Must Resign

Meanwhile, individual applicant A.H. Kamal stated that his Constitutional Rights was harmed by the validity of Article 6 verse (1) and Article 7 verse (1) and (2) Act of Pilpres. The law which regulates State Official must resign for presidential candidacy hurts 1945 Constitution. “So if its only Head of MK, Head of Supreme Court, and others high-level official, this regulation violates Article 27 verse (1) 1945 Constitution, the rights to elect and to be elected and law equality on the eye of law,” he explained.

He added if resigning from the governor for presidential candidacy wasn’t required, it harmed the principle of equality. According to Kamal, any kind of privilege and presidential power must be obtained with no decency.

Justice’s Advice

In respond to Applicant’s pleading, Justices gave their advices. They asked that it has to be assured whether governor is included as State Official or not. “MK’s sentence upon 15/PUU/XI/2013-3.15 mentioned that local executives are considered state official, this has always been feud since the reformation,” Maria Adviced.

Fadlil asked the applicants to revise their applications by Wednesday, June 18 2014, due to the closing presidential election. (Lulu Anjarsari/mh)

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