Attorney Viktor Santoso Tandiasa (right) in the ruling hearing of the judicial review of Pilkada Law, Wednesday (23/10) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) granted the petition withdrawal of the judicial review of Law No. 10 of 2016 on the Election of Governor, Regents, and Mayors (Pilkada Law) in the ruling hearing on Wednesday (23/10/2019) in the Plenary Courtroom of the Constitutional Court. The case No. 50/PUU-XVII/2019 was petitioned by Madsanih, the Crescent Star Party (PBB) Regional Executive Board (DPW) Chairman. He had argued that Article 40 paragraph (1) of the Regional Election Law is contrary to Article 1 paragraph (3) and Article 28D paragraphs (1) and (3) of the 1945 Constitution.

“The verdict adjudicated, grants the withdrawal of the Petitioner’s petition,” said Deputy Chief Justice Aswanto before the other six constitutional justices. 

Justice Aswanto further explained that the Court had held a preliminary examination hearing on September 18, 2019. In the next session, the Court heard the petition revision on October 1, 2019 when the Petitioner’s attorney withdrew the petition with a request letter. The Court had also deliberated on a meeting on October 3, 2019 on the request for withdrawal.

"The Court has determined that the revocation or withdrawal of petition Number 50/PUU-XVII/2019 was legally grounded and in accordance with Article 35 paragraph (2) of the Constitutional Court Law," Justice Aswanto explained. 

The Petitioner as a PBB cadre had the opportunity to be promoted as a regional head candidate in the regional head election (pilkada) in 2020. However, the norm, which requires a threshold of at least 20% of the total number of seats in the DPRD or 25% of the accumulation of valid votes in the DPRD election in the area, meant political parties must form a coalition in order to meet the requirement. The political party threshold requirement was taken from the presidential election (pilpres) system on the basis of Article 6A paragraph (2) of the 1945 Constitution. According to the Petitioner, this system was put in place to encourage parallel vote acquisitions of the presidential and vice presidential candidate pairs and of political parties supporting the presidential and vice presidential candidate pairs in the House (DPR).

In addition, according to the Petitioner, the provisions of the article being reviewed should be seen as the same as the provision of Article 67 paragraph (1) of Law Number 11 of 2006 concerning the Aceh Government, which does not require a threshold in nominating Aceh governor, regents, and mayors. In addition, the word "or" in the Aceh Government Law is not followed by the requirement of seat acquisition in the legislative or 25% of the accumulation of valid votes in the DPRD election. (Sri Pujianti/LA)

Translated by: Yuniar Widiastuti