Legal counsels of Petitioners No. 66 and 67/PUU-XV/2017 of judicial review of General Elections Law each conveying the principals of the petitions for revision on Tuesday (3/10) in the Plenary Hall of the Constitutional Court Building. Photo by PR/Ganie.

Law No. 7/2017 on General Elections petitioned for a material judicial review by Chairman of the Aceh Legislative Council (DPRA)Tengku Muharuddin and the Indonesian Employers and Workers Party (PPPI) was held once again on Tuesday (3/10). The hearing of cases No. 66 and 67/PUU-XV/2017 was chaired by Constitutional Justice I Dewa Gede Palguna accompanied by Constitutional Justices Aswanto and Wahiduddin Adams. 

In the revision of his petition, Petitioner No. 66/PUU-XV/2017 that materially reviewed Article 557 and Article 571 letter (d) of General Elections Law revised the legal standing of the Petitioner, who is a member of the council and acts on behalf of a state institution. In his elaboration, Burhanudin as the attorney stated that the Petitioner had a valid legal reason with state institution qualification (in this case the Aceh Legislative Council) for acting on behalf of DPRA as a legislative institution in Aceh. "Obviously, the Petitioner argued to act as a party who has a legal standing and legal interests as Petitioner to review the a quo article," said Burhanudin. 

Petitioner No. 67/PUU-XV/2017, who reviewed Article 173 paragraph (3) juncto Article 173 paragraph (1) revised the same thing related to the Petitioner’s legal standing as a political party. Through Munatsir Mustaman, the Petitioner emphasized that PPPI was established as a legal entity as stipulated in the Decision Declaration Deed of the Indonesian Workers Congress Party to become the Indonesian Employers and Workers Party No. 2/2008 dated January 26, 2008 made before the notary as amended by the Decision Declaration Deed of the Indonesian Employers and Workers Party on February 28, 2017 No. 43/2017 and ratified in the Ratification of the Alteration of Management of the Executive Board of the Indonesian Employers and Workers Party Year 2016-2021. "That in order to carry out its function as a political party, the Petitioner must become a participant in the 2019 General Elections," Munatsir explained. 

Munatsir added that there were general similarities between the requirements of political parties to become legal entities as stipulated in Article 3 paragraph (2) of Law No. 2/2012 on the Amendment to Law No. 2/2008 on Political Parties on the condition that the participants of the general elections as intended in Article 173 paragraph (2) of the 2017General Elections Law. "Because it has fulfilled the requirements as a legal entity, the Petitioner has automatically fulfilled most of the requirements for an election participant," he said. 

In the initial petition, the Petitioner had stated that the articles being reviewed had the potential to violate the Petitioner’s constitutional rights because they were contradictory to Article 18B of the 1945 Constitution. According to the Petitioner, the drafting of the General Elections Law did not start with consultation with and consideration by DPRA as recognized and granted by Article 18B of the 1945 Constitution. PPPI, which was eligible as participant in the elections, claimed that the provisions of Article 173 paragraph (3) of the General Elections Law would result in unfair elections. (Sri Pujianti/LA/Yuniar Widiastuti)