Deputy Chief Justice of the Constitutional Court Anwar Usman reading the legal standing in the ruling hearing of judicial review of Elections Law on Thursday (26/10) in the Courtroom of the Constitutional Court Building. Photo by Humas MK/Ganie.

The Constitutional Court (MK) rejected the petition filed by Djan Faridz who had been appointed Chairman of the Central Executive Board (DPP) of the United Development Party (PPP). Decision No. 24/PUU-XV/2017 was read by the Chief Justice of the Constitutional Court Arief Hidayat in the presence of the other constitutional judges in the Courtroom of the Constitutional Court.

The Petitioner reviewed Article 23 paragraphs (2) and (3) and Article 33 of the Political Party Law as well as Article 40A paragraph (3) of the Regional Elections Law. According to the Petitioner, the provisions of the article have provided space for the Ministry of Justice and Human Rights to disregard the verdict of the courts that have permanent legal force (in kracht van gewijsde). The provisions cause to the recognition of the legitimacy of the leadership of a political party that has taken the effort to resolve internal conflicts through the courts no longer solely dependent on the verdict itself, but is subject to registration conducted by the Ministry of Justice and Human Rights. Therefore, the Petitioner is of the opinion it has impaired the Petitioner\'s constitutional right to obtain a fair legal certainty as well as the right to obtain fair protection based on a court decision. 

Related to the argument, in the opinion of the Court read by Deputy Chief Justice Anwar Usman explains the legal standing [of the Petitioner] as an individual Indonesian citizen. According to the Court, he continued, in addition to declaring himself an individual Indonesian citizen, the Petitioner in his petition also describes his position as Chairman of the Central Executive Board (DPP) of the United Development Party (PPP). The constitutional harm argued by the Petitioner as an individual Indonesian citizen is closely related and cannot be separated from his argument as the Chairperson of the PPP DPP who feels that his constitutional rights were impaired by the enactment of a political party conflict. 

Anwar also explained that the review of the constitutionality of the provisions concerning internal disputes on the management of political parties had been considered by the Court in the Decision of the Constitutional Court No. 93/PUU-XIV/2016 dated January 25, 2017. In the ruling, the Court is of the opinion that there is no constitutional harm suffered by the Petitioner due to the enactment of Article 40A paragraph (3) of the Regional Head Election Law and Article 23 paragraphs (2) and (3), as well as Article 33 of the Political Party Law petitioned for constitutionality review so that the Petitioners do not meet the legal standing requirements to file the petition as stipulated by Article 51 paragraph (1) of the Constitutional Court Law. "Therefore, the Court does not consider further the principal issue of the Petitioners\' petition," he said. (Lulu Anjarsari/Yuniar Widiastuti)