Constitutional Justices in the ruling hearing of the judicial review of the Constitutional Court Regulation No. 2 of 2018 concerning the Procedure of the Dispute over the Election Results of DPR and DPD Members related to Article 3, Monday (23/9) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The petition of DPR RI candidate from the Democratic National Party No. 1 Maphilinda Syahrial was dismissed by the Constitutional Court (MK) on Monday (23/9/2019). This was stated in Decision No. 42/PUU-XVII/2019 read out by Chief Justice of the Constitutional Court Anwar Usman accompanied by other constitutional justices in the Plenary Courtroom of the Constitutional Court.

In the petition, the Petitioner requested the judicial review of the Constitutional Court Regulation (PMK) Number 2 of 2018 concerning the Procedure of the Dispute over the Election Results of DPR and DPD Members related to Article 3 letter b. The article states that the Petitioner is an individual candidate of the DPR and DPRD in the same political party that has obtained a written approval from the Chairperson and Secretary General or other designations from the relevant Political Party. PMK Number 2 of 2018 has become a formal and absolute requirement for the Petitioner. The absence of a written approval could keep the Petitioner from filing an election results dispute petition to the Constitutional Court, whereas the Party Court does not have the authority to settle disputes over the results of the general election. So, substantially Article 3 letter b of PMK Number 2 of 2018 is detrimental to the Petitioner.

In the legal consideration read out by Constitutional Justice Arief Hidayat, the Court stated a preliminary examination hearing had been scheduled for Thursday, September 12, 2019, at 13:30 WIB. The Petitioner had also been legally and appropriately summoned by the Court with the Constitutional Court Registrar Letter Number 381.42/PAN.MK/9/2019, dated September 5, 2019, concerning the Summon to Hearing and Registrar Letter of the Constitutional Court Number 387/PAN.MK/9/2019, dated September 10, 2019, concerning the Change of Hearing Schedule. However, Justice Arief added, Petitioner was absent from the session on September 12, 2019 without a valid reason.

"Therefore, the Court considered that the Petitioner did not show sincerity in filing the a quo petition. Based on these considerations, in order to meet the principle of a simple, fast, and cost-effective court, the petition of the Petitioner must be declared null and void," said Justice Arief. (Lulu Anjarsari/NRA)

Translated by: Yuniar Widiastuti