Titi Anggraini, election and democracy activist, presented by the Petitioner as an expert in material judicial review of Law No. 7/2017 on General Elections (Elections Law), Tuesday (14/11) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.
Provisions on verification for political parties as specified in Article 173 paragraphs (1) and (3) of the Election Law, cause unfairness and unequal treatment to at least two parties. First, to the new political parties that are not participants of the previous election. And secondly, the candidates for the election of Regional Representatives Council (DPD) members who are also participants in the election of DPD members of the previous election.
Such is the statement delivered by the election and democracy activist Titi Anggraini who was present as Expert in Case No. 60/PUU-XIV/2017 in the judicial review hearing of Law No. 7/2017 about General Elections (Elections Law). The sixth hearing of Case No. 53/PUU-XV/2017, 60/PUU-XV/2017, 62/PUU-XV/2017, 67/PUU-XV/2017, and 73/PUU-XV/2017 was held on Tuesday (14/11) at the Courtroom of the Constitutional Court.
Titi explained that the regulation is unfair to the new political parties that were not participants in the previous election. The requirement that specifies that verification is not necessary for the political parties that participated in the 2014 Election, according to the Expert is not appropriate. Therefore, Titi continued, there will never be the same situation and condition in 2012 and 2017 related to the fulfillment of the requirements to be the political parties participating in the election. Titi added that the new autonomous regions and population growth are the simple variables that make new political parties that were not participants of the 2014 General Elections have to meet stricter requirements than those faced by the political parties participating in the 2014 General Elections.
"According to the Expert, the same phrase does not necessarily lead to the same treatment for the political parties that face it. If wanting the same phrase leading to equal treatment, legislators should look for a new norm formula, not as regulated in Article 173 paragraph (2) of the a quo law. As long as the requirements for political parties to be election participants are still like the norms contained in Article 173 paragraph (2) of the a quo law, there won’t be equal treatment between the new political parties and the political parties participating in the previous elections," she explained.
In addition, Titi also said the regulation is unfair to candidates for the election of DPD Members who were also participants of the previous DPD Members election. She added that the Elections Law not only regulates political parties participating in the elections of House of Representatives (DPR) and Regional Legislative Council (DPRD), but also the individual participants of DPD elections. However, she mentioned that there are unequal arrangements and treatment to individual candidates in the election of DPD members, who were also participants of the previous DPD member elections when compared to the arrangements for political parties.
"Article 173 paragraphs (1) and (3) of the a quo law establishes that political parties that have passed the verification with the requirements referred to in Article 173 paragraph (2) are not re-verified and declared to be political parties participating in the elections. However, this provision is not mutatis mutandis on individual candidates for the elections of DPD members who in the 2014 elections also ran as individual participants of the elections of DPD members," said the Director of PERLUDEM.
No Need for Re-verification
Unlike the General Elections Commission (KPU), that explained that the political parties that have gone through factual verification in the previous general elections will not undergo factual re-verification as stipulated in the provisions of the Elections Law. This was conveyed by KPU member Hasyim Asyari who was present as attorney of the Relevant Party. Hasyim explained that the arrangement is a juridical implication of the fact that the lack of re-verification or factual re-verification for old political parties is based on the provisions of Article 173 paragraph (3) of the Elections Law as a manifestation of equal and proportional treatment. This is done because the political parties participating in the elections that have already participated in the previous elections have made a factual verification related to their status, whether in terms of organizational structure or membership. However, due to the emergence of new autonomous regions, the regulation on factual verification will remain in effect for the political parties participating in the 2014 General Elections as well as the 2019 General Elections.
"Based on the consideration and the facts, all political parties wishing to become elections participants without exception shall register to the KPU with complete requirements in accordance with the provisions of the Elections Law, both for the political parties participating in the 2014 General Elections as well as the new political parties. Similarly, related to the process or stages of administrative assessment, the same treatment is also applied to all political parties of candidates for the elections on the required documents that have been proposed," Hasyim said before the Panel of Justices led by Chief Justice of the Constitutional Court Arief Hidayat.
In addition, Hasyim also explained that regarding the provision of Article 222 of the Elections Law concerning presidential threshold, the KPU understands that the provision is a political policy of the legislators as a consequence of the election of DPR, DPD, and DPRD members in conjunction with the presidential and vice presidential elections.
In their petition, the Petitioners object to Article 173 paragraphs (1), (2), and (3) of the Elections Law related to the verification of political parties. According to the Petitioners, the a quo articles are detrimental to the Petitioners because it provides a double standard against the requirements of a political party to become an election participant, which may be interpreted that the requirements of the participation of a political party to be elected depends on the determination or verification process. (Lulu Anjarsari/Yuniar Widiastuti)
Tuesday, November 14, 2017 | 19:06 WIB 97