MK Accepts Withdrawal of Petition on Elections Law
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Deputy Chief of the Constitutional Court Anwar Usman reading the verdict in the judicial review hearing of Article 458 paragraphs (13) and (14) of Law No. 7/2017 on General Elections (Elections Law) on Tuesday (28/11) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

The Constitutional Court (MK) accepted the withdrawal of the petition for judicial review of Article 458 paragraphs (13) and (14) of Law No. 7/2017 on General Elections (Elections Law) on Tuesday (28/11) in the Courtroom of the Constitutional Court.

"The Court decides to grant the request of withdrawal of the petition and the Petitioners cannot file another petition for review of Article 458 paragraphs (13) and (14) of Law No. 7/2017 on General Elections," said Deputy Chief Anwar Usman.

With respect to the petition of Case No. 86/PUU-XV/2017, the Court has issued several provisions starting from the establishment of a panel of justices to examine the petition, the determination of the first hearing, to the preliminary hearing. However, in the revision hearing of the petition held on November 20, 2017, the Petitioners\' attorney submitted a letter of case withdrawal. The Petitioners reasoned that based on Preliminary Examination, it was revealed that in the a quo case, the erga omnes principle applies. That is, the article being reviewed has been reviewed in the past and has been given interpretation by the Constitutional Court in decision Number 31/PU-XV/2013 dated April 3, 2014.

"Another reason for the withdrawal is because the principle of the decision is not retroactive so that things experienced by the Petitioners now cannot be applied by this law because the time and events and process of seeking justice pursued by the Petitioners still use the old law that has been reviewed by the Court Decision No. 31/PUU-XI/2013 dated April 3, 2014," he explained.

The case was filed by Former Chairman of the KPU of Konawe Regency Hermansyah Pagala and Former Member Asran Lasahari. They had previously stated that they were appointed based on the Decision of the Southeast Sulawesi Provincial General Elections Commission (KPU) No. 41/KPTS/KPU-PROV.026/2013. They had performed their duties and functions and had the right, authority, and obligation in accordance with the provisions in the Elections Law. However, the Petitioners stated that then they had been dismissed based on the Decision of the DKPP No. 305/DKPP-PKE-III/2014, followed up by the Decision of the Chairman of Southeast Sulawesi Provincial KPU No. 26/Ktps/KPU-Prov.026/2014 on Permanent Discharge of KPU Members of Konawe Regency. According to the Petitioners, the discharge is not based on material evidence that can be accounted for in the code of ethics hearing of the General Election Organization Ethics Council (DKPP). Therefore, the DKPP had not conducted fair ethics trial of and had ignored the legal principles and facts revealed in the hearing. This resulted in the intention and tendency of an act of criminalization in the use of authority from the leaders of the KPU of Konawe Regency, Southeast Sulawesi. (Sri Pujianti/LA/Yuniar Widiastuti)


Tuesday, November 28, 2017 | 18:31 WIB 88