Constitutional Justices listening to Petitioner through video conference in the preliminary examination hearing of Law No. 7 of 2017 on General Elections, Wednesday (25/9) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The preliminary examination hearing of Law No. 7 of 2017 on General Elections was held by the Constitutional Court (MK) on Wednesday afternoon (25/9/2019). The case No. 52/PUU-XVII/2019 was petitioned by Alamsyah Panggabean, who challenged Article 1 numbers 1 and 27 of the Election Law.

Article 1 number 1 of the Election Law states that General Elections, hereinafter referred to as Election, is a means of popular sovereignty to elect members of the House of Representatives (DPR), members of the Regional Representatives Council (DPD), the president and vice president, and to elect members of the Regional Legislative Council (DPRD), in a d direct, public, free, confidential, honest, fair manner in the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. 

Article 1 number 27 of the Election Law states that Election Contestants are political parties for the Election of members of DPR, provincial DPRD, regency/city DPRD, individuals for DPD election members, and candidate pairs proposed by political parties or a coalition of political parties for the election of president and vice president. 

The Petitioner questioned vote buying during the 2019 simultaneous presidential and legislative elections resulting in the constitutional impairment of the Petitioner. As a result of the violations, the Petitioner felt that aggrieved about the results. 

In the petitum, the Petitioner requested that the Court order a re-election, with election organizers consisting of 50 percent from the National Campaign Team (TKN) and 50 percent from the National Victory Agency (BPN), so that the elections will run fairly. The petitioner also requested that he be appointed an independent (non-party) DPR member. 

Constitutional Enny Nurbaningsih advised that the Petitioner reformat the petition following the Constitutional Court Regulation. "In addition, [please explain] the constitutional impairment of the Petitioner following the definition of the election in the Election Law," she said. She considered that the Petitioner\\' demands unusual, therefore, the Petitioner was asked to revise the petition. Constitutional Justice Suhartoyo suggested that the Petitioner revise the petition completely. (Nano Tresna Arfana/NRA)

Translated by: Yuniar Widiastuti