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Principal Applicant Erwin Arifin attends revision session on Act of Regional Elections, on Thursday (3/12) at Plenary Room, the Constitutional Court Building. Photo PR/Ifa

 

 

 

The death of a candidate shouldn’t make his pair losing rights to be voted and eliminated in regional election. A passed-away candidate lost their rights to be voted, while his pair still could be voted. East Lampung regent candidate Erwin Arifin delivered in petition points reviewing Act Number 8 Year 2015 of Amendment on Act Number 1 Year 2015 of Stipulation on Government Regulation in-Lieu of Law Number 1 Year 2014 of Governor, Regent, Mayor Election Enacted to Act (Undang-Undang Nomor 8 Tahun 2015 tentang Perubahan Atas Undang-Undang Nomor 1 Tahun 2015 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2014 tentang Pemilihan Gubernur, Bupati, dan Walikota Menjadi Undang-Undang) –later known as Act of Regional Elections.

In revision session held on Thursday December 3, Arifin as Applicant representing by his attorney asserted death is uncontrolled fate, which different with criminal offenses. Both death and criminal offenses are referred to ‘permanently unable’ phrase in Article 54 (5) Act of Regional Elections.  

Article 54 (5) Act of Regional Elections

“In terms of two or more candidate pairs permanently unable during campaign period until the voting day, the regional election is continued and the candidate pair who permanently unable is declared eliminated and cannot be replaced.” (“Dalam hal pasangan calon berhalangan tetap pada saat dimulainya kampanye sampai hari pemungutan suara dan terdapat 2 (dua) pasangan calon atau lebih, tahapan pelaksanaan Pemilihan dilanjutkan dan pasangan calon yang berhalangan tetap tidak dapat diganti serta dinyatakan gugur.”)

As known, Arifin concerned on Article 54 (5) Act a quo because his candidacy eliminated after his pair Priyo Budi Utomo passed away.

“Death is uncontrolled fate, but elimination on alive candidate on behalf of Act is regarded as law implementation, instead of fate,” added Applicant’s Attorney Ridwan Darmawan.

The Applicant also asserted that his rights to vote and rights to be voted are guaranteed in the Constitution. Moreover, the Applicant argued the Constitutional Court had declared that both rights are citizen’s constitutional rights which should be protected, particularly in Court Verdict Number 100/PUU-XIII/2015.

“At that time, the Constitutional Court declared that rights to vote and rights to be voted are human rights and citizen’s constitutional rights which should be protected. If any procedural regulations which hinder the fulfillment of both rights, the Constitutional Court should ruled them out in order to protect citizen’s constitutional rights,” said Arifin in front of Justice Panel led by Constitutional Justice Maria Farida Indrati.  

Therefore, the Applicant requested the Court to declare Article 54 (5) Act a quo conditionally unconstitutional: the Article contrary to the Constitution if it is not interpreted ““In terms of two or more candidate pairs permanently unable during campaign period until the voting day, the regional election is continued and the candidate pairs who permanently unable can be replaced within proper and reasonable time,” (“Dalam hal pasangan calon berhalangan tetap pada saat dimulainya kampanye sampai hari pemungutan suara dan terdapat dua pasangan calon atau lebih, tahapan pelaksanaan pemilihan dilanjutkan dan pasangan calon yang berhalangan tetap dapat diganti dengan diberikan waktu yang wajar dan patut.”). (Yusti Nurul Agustin/IR/Prasetyo Adi N)

 

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