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Applicant’s Witness Tsamara Amany delivers her testimony at judicial review on Act of Regional Elections, on Monday (3/8) at Plenary Room, the Constitutional Court Building. Photo PR/Dedy

 

 

 

On Monday afternoon (3/8), the Constitutional Court again holds judicial review session on Act Number 8 Year 2015 of Act Amendment Number 1 Year 2015 of Government Regulation-in-lieu-of-law Stipulation Number 1 Year 2014 of Governor, Regent, and Mayor Elections Enacted to Law (Undang-Undang Pilkada). The Applicant is M. Fadjroel Rachman who file petition registered in Case Number 60/PUU-XIII/2015.

Applicant’s Witness Tsamara Amany claims she is a supporter of an independent candidate. She explains her support on Ahok, an independent candidate of 2017 Jakarta Election,

“We shall admit independent candidates are supported by people. At least, the support can be seen from submitted ID card (Kartu Tanda Penduduk –KTP). We cannot guarantee that people elect political party candidates. However, we can see people’s support for independent candidates, reflected from submitted ID card,” said Tsamara in front of Justice Panel led by Deputy Chief Anwar Usman.

Tsamara further argues, people’s support might be lost by the Act a quo. She reveals regulation changes can be occurred because serving term of election commission is only five years. “Our form might be aborted, Your Honor. When our form aborted near the regional election, political parties could candidate their cadres in 2017 Jakarta Election. As known, Jakarta as capital city is very potential to be used as corruption arena by political parties. Further, independent candidates could increase public participation,” explained her.

Responding the petition, Chief Justice Suhartoyo said that the witness didn’t need to worry. According to him, the support can be conducted while waiting regulation update which issued by the General Election Commission (Komisi Pemilihan Umum –KPU).

“Why you worry? There is enough time and the regulation still updated, based on legislation. Recently, there are some parties who willing regulation updates due to their objections. It means, we should follow the update needed in 2017, either prior to 2017, the beginning of 2017, or the middle of 2017,” he explained.

Previously, M. Fadjroel Rachman argued his petition was intended for participating in South Kalimantan Election through independent way. The Applicant argued requirements of independent candidates as stipulated in Article 41 Act of Regional Elections were discriminative. The discrimination occurred in determination of percentage and divisor.

The amount of vote percentage for independent candidates was increased as much as 3.5% from prevailing regulation which stipulated in Act Number 12 Year 2008 of Second Amendment on Act Number 32 Year 2004 of Regional Governance. (Lulu Anjarsari/Prasetyo Adi N) 

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