Rian Ernest as attorney of the PSI explaining the revision of the petition in the judicial review hearing of the Election Law on Monday (16/7) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.
The revision hearing of the material review of Law No. 7/2017 on Elections (Election Law) on cases No. 48/PUU-XVI/2018 and 53/PUU-XVI/2018 was held by the Constitutional Court (MK) on Monday afternoon (16/7). The second hearing was presided over by Constitutional Justice Aswanto.
Represented by attorney Rian Ernest, the Petitioner of Case 48/PUU-XVI/2018 conveyed the petition revision on the legal standing. The Indonesian Solidarity Party (PSI) as the Petitioner on April 23, 2018 published an announcement and invitation to participate in giving input regarding candidates for vice president and cabinet ministers for President Joko Widodo in 2019 in the Jawa Pos Daily. The Petitioner was reported to the National Police\'s Criminal Investigation Department (Bareskrim) on an alleged election crime, as referred to in Article 492 of the Election Law juncto Article 1 number 35 of the Election Law.
"The Petitioner, who intended to carry out political education and socialization and to collect public opinion through polling have been labeled guilty of a head start of the campaigns by other parties based on the provision of Article 1 number 35 of the 2017 Election Law specifically on the phrase \'self-image.\' Although in its development the Police of the Republic of Indonesia has issued an investigation warrant on March 31, 2018. However, the Petitioner\'s reputation has been compromised, as if the Petitioner had opposed a law. That is our revision, Your Honor, for the legal standing section," said Rian.
In addition, the Petitioner added to section C on the constitutional impairment, especially in Number 6, more specifically in letter B. The Petitioner as a new political party that will take part in the 2019 Elections for the first time, felt that its political right was restricted because it has been forced not to advertise and only to advertise in the same period as various parties that have been in Indonesia for decades.
"The Petitioner experienced the severity of verification carried out by the Ministry of Law and Human Rights and the General Elections Commission. Until today the Petitioner is not given the opportunity to conduct advertisement and political socialization. According to the Petitioner, this can be likened to forcing it to box with one hand tied behind [its back]. With the Petitioner\'s initial position and the lack of opportunity to advertise, with the aim of increasing public awareness about the PSI\'s vision, mission, and programs during the campaign period, it is likely that new political parties including the Petitioner only participate in national elections once because of not passing the parliamentary threshold," explained Rian.
The Indonesian Solidarity Party reviews Article 1 number 35, Article 20, Article 275 paragraph (2), and Article 276 paragraph (2) of the Election Law. The party requested a material review of those articles in relation to the opportunity to file for a campaign because according to the a quo law, most of the campaign process will be taken over by the KPU (Election Commission) and later facilitated by the KPU. They hope as a new political party to be allowed to campaign longer. According to the Petitioner, the campaign period of only 21 days according to the a quo law has harm their constitutional right as a new political party.
Meanwhile, Petitioners of Case 53/PUU-XVI/2018, Muhammad Hafidz and Abdul Hakim, felt disadvantaged by criminal sanctions as stipulated in Article 429 of the Election Law. They are threatened by the criminal provision due to election campaigns outside the schedule set by the election organizers as stipulated in Article 492 of the Election Law. It would at least obstruct the constitutional right of the Petitioners to create an ideal party for the people, by asking for input and/or responses from the public regarding the affiliation of each individual in determining who would be the candidate and the basis for choosing candidates in the general elections. (Nano Tresna A./LA/Yuniar Widiastuti)
Monday, July 16, 2018 | 19:06 WIB 125