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Muhammad Hafidz as Principal Petitioner during electronic media interview after the judicial review hearing of the General Elections Law on Monday (16/4) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

Muhammad Hafidz, an individual petitioner conducted a judicial review of Law No. 7/2017 on General Elections (Elections Law). The Petitioner of Case No. 30/PUU-XVI/2018 argues that Article 182 letter I along the phrase "other occupations" is detrimental to his constitutional rights and is contradictory to the 1945 Constitution of the Republic of Indonesia.

Article 182 letter l reads, "Individual as referred to in Article 181 may become an election participant after fulfilling the requirements: (l) willing not to practice as a public accountant, advocate, notary public, land deed official (PPAT), and/or not performing work of the supplier of goods and services in relation to state finances as well as other works that may create a conflict of interest with the duties, authority, and rights of DPD members in accordance with the provisions of the law."

The Petitioner who was present without attorney explained that he ran for the 2014 election of the West Java Province Regional Representative Council (DPD) stipulated by the General Elections Commission (KPU) on August 28, 2013. Related to this, his position within the DPD as a representative of the local community in his region showa that the a quo norm along the phrase "other occupations" contains ambiguity of intent. That is because as a political party functionary as well as DPD member who have a position, duties, functions, responsibilities, and authority in a political party, there certain will be conflicts of interest between the two positions.

This means that there is a high possibility of a conflict of interest, although his political party did not participate in the election. This is possible because there is still a possibility for the party to register in the coming elections. Therefore, in the petitum of the petition, the Petitioner requested that the Court declare the a quo article contradictory to the 1945 Constitution as long as it is not interpreted as a political party functionary.

"So that DPD members who also work as functionaries of political parties will be required by their parties to realize the wishes of the parties to be participant of the coming election. Therefore, that will force a conflict of interest as a DPD member and also political party functionary," Hafidz explained.

For that reason, in his petitum, the Petitioner requested the phrase "other occupations" in Article 182 letter l of the General Elections Law be declared contradictory to the 1945 Constitution and having no binding legal force as long as not interpreted as including political party functionary.

Elaboration of Petition Argument

In relation to the case filed by the Petitioner, Deputy Chief of the Constitutional Court, Aswanto, stated that it is necessary to elaborate the constitutional impairment suffered by the Petitioner. This is because in his statement the Petitioner did not object to the phrase "other occupations." "You do not mind the phrase ‘other occupations’ as long as it does not include political party functionary. So, it needs more elaboration to see the constitutional harm [you] really experienced," Justice Aswanto advised Petitioner of Case No. 30 who was present without attorney.

Furthermore, Constitutional Justice Maria Farida Indrati requested that the Petitioner explain the composition of DPD in the early days compared to that today. It is necessary so that the Court can observe DPD members from time to time. "From this you can see your current rivals in DPD. In addition, you also need to explain what the other occupation is? What entails being a political party functionary and and a political party member?" Justice Maria explained.

At the end of the hearing, the Deputy Chief Justice Aswanto stated that the Petitioner was given time until Monday, April 30, 2018 at 10:00 a.m. to submit the petition revision, for the next hearing to be scheduled. (Sri Pujianti/LA/Yuniar Widiastuti)

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