Petitioner Sunggul Hamonangan Sirait in the revision hearing of the judicial review of the Election Law, Monday (20/5) in the Constitutional Court. Photo by Humas MK/Ganie.

JAKARTA, Public Relations of the Constitutional Court—The revision hearing of the judicial review of Law No. 7 of 2017 on General Elections was held by the Constitutional Court on Monday (20/5/2019). Petitioner Sunggul Hamonangan Sirait conveyed seven revision points including the change from Article 10 of the Judicial Power Law to Article 29 paragraph (1) of the Constitutional Court’s judicial review authority.

He also stated that he had used his right to vote on the legislative-presidential elections on April 17, 2019. Another revision is regarding the posita, in which the constitutionality of Article 416 paragraph (1) of Law No 7 of 2017 on General Elections is reviewed against Article 1 paragraph (3), Article 6A paragraphs (3) and (4), and Article 28D of the 1945 Constitution.

The case No. 36/PUU-XVII/2019 was petitioned by advocate Sunggul Hamonangan Sirait, who was listed the 2019 General Elections final voters list (DPT). The Petitioner challenges Article 416 paragraph (1) of the Election Law that reads, “The elected Candidate Pair is the Candidate Pair that receives more than 50% (fifty percent) of the votes in the Presidential and Vice President Elections with at least 20% (twenty percent) of votes in each province spread over more than 1/2 (half) the number of provinces in Indonesia.” 

The Petitioner said that, on the other hand, Article 6A number 3 of the 1945 Constitution reads, “The presidential and vice-presidential candidate pair who receives more than 50% of the total votes in the elections with at least 20% of the votes in each province spread over more than 1/2 (half) the number of provinces in Indonesia is appointed President and Vice President.” 

Meanwhile, Article 6A number 4 of the 1945 Constitution reads, "In the event that no presidential and vice-presidential candidate pair is elected, two candidate pairs who receive the first and second most votes in the general elections are elected directly by the people and the pair who receives the most votes from the people is inaugurated as president and vice president." 

Sumpul argued that the original intent of Article 6A paragraphs (3) and (4) of the 1945 Constitution of the drafters of the 1945 Constitution—the Ad-Hoc Committee of the Decree of the People s Consultative Assembly I (TAP MPR I)—during the discussion of presidential and vice-presidential election in the process of amending the Constitution, discussed a minimum of 50% + 1 votes in determining the winning candidate pair. However, as reflected in the minutes, drafters of the amendments to the 1945 Constitution also considered uneven population distribution between Java and other islands, including population composition, geographical location, and ethnicity. (Nano Tresna Arfana/LA/Yuniar Widiastuti)