Hearing of Petition revision of review of General Elections Law, Monday (16/10) in the Plenary Hall of the Constitutional Court. Photo by Humas MK/Ganie.

The Constitutional Court (MK) once again held a hearing on the material review of the presidential threshold of president and vice president as stipulated in Law No. 7/2017 on General Elections. The hearing was scheduled to revise petitions for 4 cases No. 70, 71, 72, and 73/PUU-XV/2017.

The Crescent Star Party (Case 70/PUU-XV/2017) represented by Chairman Yusril Ihza Mahendra explained that he had made revisions according to the Panel\'s suggestion in the previous session. He mentioned that he had strengthened the argument on the petition principal and added evidence.

"We have made revisions on based both the advice of Your Honor in the previous session and on our own initiatives to further strengthen and sharpen the arguments of this petition, and have been formulated to be longer than the previous petition because of the additional arguments. Also, there is also additional evidence to strengthen this petition. All the evidence has been included in the list of new evidence submitted today," he explained before the panel of justices led by Constitutional Justice Aswanto.

Meanwhile, Petitioners of Case 71/PUU-XV/2017, Former Commissioner of the General Elections Commission (KPU) Hadar Nafis Gumay, Yuda Kusumaningsih, PERLUDEM, and KODE INISIATIF have also revised their petition related to legal standing. Representative Fadli Ramadani explained the legal standing of Hadar Nafis Gumay as an active citizen and focused in conducting election research activities and actively participating in establishing a fair democratic election system. In addition to revising the legal standing, the Petitioner also clarify his constitutional damage due to the enactment of Article 222 of the General Elections Law.

"In addition, we also add that the provision of the a quo article has resulted in long struggle and work, and the dedication of Petitioner I in conducting research and development for a democratic and just election system becomes futile, and the efforts will be hampered by the enactment of the a quo article," he explained.

In the hearing, Justice Aswanto mentioned because many cases on the General Elections Law were filed, petitions of the petitioners will be divided according to the issues. Cases No. 70, 71, and 72/PUU-XV/2017 (filed by Mas Soeroso and Wahyu Naga Pratala) related to presidential threshold will be held again on October 24, 2017 at 11.00 a.m. Meanwhile, judicial review on verification requirement of political parties requested by Partai Indonesia Kerja (Case NNo. 73/PUU-XV/2017) will also be held on October 24, 2017 at 09.00 a.m.

The Petitioners feel that their constitutional rights have been violated by the enactment of Article 222 of the General Elections Law that reads:

"A Candidate Pair is nominated by a Political Party or a Coalition of Political Parties Contender of the Elections, who fulfills the seat requirement of at least 20% (twenty percent) of the total seats of the House of Representatives or who receive 25% (twenty- five percent) of the national valid votes in the previous election of members of the House of Representatives." 

In their petitions, Petitioners of Cases No. 70/PUU-XV/2017, 71/PUU-XV/2017, and 72/PUU-XV/2017 claimed that the provisions of the seats requirement of 20% of the total seats of the House of Representatives (DPR) or 25% of the national valid votes in previous parliamentary elections in the context of simultaneous general elections contradictory to the 1945 Constitution. The Petitioners consider the desire to limit the number of candidate President and Vice President pairs that may be proposed by a political party or coalition of political parties to only 5 (five) pairs with a 20% presidential threshold or only 4 (four) pairs with a 25% national valid votes an undemocratic decision. It is also considered contrary to the principle of people\'s sovereignty as stipulated in Article 1 paragraph (2) of the 1945 Constitution. Meanwhile, Partai Indonesia Kerja (PIKA) as Petitioner of Case No. 73/PUU-XV/2017 reviews Article 173 paragraph (2) letters b, c, d, e, f, and g as well as Article 173 paragraph (3) of the General Elections Law related to verification of political parties. (Lulu Anjarsari/Yuniar Widiastuti)