Petitioner\'s legal counsel Hendrayana reading out the petition revision for judicial review of Article 23 paragraphs (2) and (3) and Article 24 of Law No. 2/2011 on Political Parties, on Wednesday (15/11) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

Member of the United Development Party (PPP) of Cilacap Regency Yahya Karomi revised the petition for judicial review of Article 23 paragraphs (2) and (3) and Article 24 of Law No. 2/2011 on Political Parties that was filed to the Constitutional Court (MK). The second hearing for the petition of Case No. 84/PUU-XV/2017 was held on Tuesday (15/11) afternoon.

The Petitioner, represented by Hendrayana, explained that he has revised the petition in accordance with the advice of the panel of justices in the previous hearing. The Petitioner reinforces his legal standing as an individual citizen who has been disadvantaged by the enactment of the a quo articles. "The Petitioner is a citizen who is also a member of the PPP of Cilacap Regency," he said during the session chaired by Constitutional Justice Wahiduddin Adams.

In addition, the Petitioner felt disadvantaged by the dualism of leadership in the PPP due to the decision of the Ministry of Law and Human Rights. Hendrayana continued, in issuing a decree letter related to the problem of dualism experienced by PPP, the Ministry was supposed to consider the requirements of the petition and internal issues of the party. However, in the case of PPP, the Ministry issued the decree without considering internal issues of the party. This is considered to be detrimental to the Petitioner.

In his petition, the Petitioner argues that there is legal uncertainty due to the enactment of the articles being reviewed by the Petitioner. The petitioner is an Indonesian citizen who has suffered constitutional harm due to legal uncertainty resulting from the provisions of the articles of the law being petitioned," explained Hendrayana to Constitutional Court Justice M.P. Sitompul.

Hendrayana explained that the Petitioner questioned the authority of the Minister of Law and Human Rights of the Republic of Indonesia in the registration of changes of organizational structure of political parties at the central level, which is contradictory to the principle of legal certainty in the 1945 Constitution of the State of the Republic of Indonesia. According to the Petitioner, the granting of authority to the Minister of Law and Human Rights to register the change of structure of a political party at the central level is not appropriate because the Minister of Law and Human Rights is an element of the government that has an interest to gain support from political parties. (Lulu Anjarsari/Yuniar Widiastuti)