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The Petitioner’s attorney Munathsir Mustaman (right) reading out the subject of the petition in the preliminary material review hearing of Article 173 paragraph (1) of Law Number 7 of 2017 on General Elections, Wednesday (20/11) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Change Movement Party of Indonesia (Garuda) filed a material review petition of Article 173 paragraph (1) of Law Number 7 of 2017 on General Elections to the Constitutional Court. The preliminary hearing of the case No. 74/PUU-XVII/2019 took place on Wednesday (20/11/2019) in the Plenary Courtroom of the Constitutional Court. The Petitioner believes that the requirements for verifying political parties as regulated in the Election Law violate the 1945 Constitution.

The Petitioner’s attorney Munathsir Mustaman explained that the Garuda Party had previously followed the verification process for the 2019 Elections as stipulated in Article 173 paragraphs (1) and (2) of the Election Law. The Petitioner had spent a lot of money and energy for the election and therefore feels entitled to take part in the 2019 General Elections that were held after the Election Law had been ratified and in subsequent elections. However, Article 173 paragraph (1) of the Election Law has caused constitutional impairment for the Petitioner, who had to undergo party verification.

"If the Petitioner fails to meet the verification requirements, including presenting 100 members or presenting all the management, the Petitioner will be declared not passing the verification and not able to participate in the election after the 2019 Elections," Mustaman explained before the Pajustices led by Constitutional Justice Enny Nurbaningsih.

Mustaman added that Article 173 paragraph (1) of the Election Law might potentially be interpreted so that the verification results only apply to the 2019 General Elections because there is not any clear and affirmative elaboration that the verification results not only apply to the 2019 General Elections, but also for subsequent general elections. If the potential for misinterpretation actually occurs, the members of the Garuda Party will lose their right to participate in government as regulated in Article 28D paragraph (3) of the 1945 Constitution.

Therefore, in their petitum, the Petitioner requested that the provision of Article 173 paragraph (1) of Law Number 7 of 2017 concerning General Elections be declared conditionally constitutional and not legally binding insofar as not interpreted as the results of the 2019 Elections verification are valid for subsequent elections.

Previous Rulings

In response to the petition, Constitutional Justice Saldi Isra asked the Petitioner to re-read the Constitutional Court\'s decision related to verification requirements for political parties running for elections. He asserted that the verification aims to strengthen the presidential system. He also requested that the Petitioner elaborate their constitutional impairment due to the article. "The constitutional impairment must be explained with the argument as to why the article contradicts the 1945 Constitution. It has not been elaborated yet," Justice Saldi said.

Constitutional Justice Manahan M. P Sitompul suggested that the Petitioner read and the Decision of the Constitutional Court No. 53/PUU-XV/2017 on the material review of the verification of political parties filed by the Peaceful and Benign Islam (Idaman) Party, which he considered similar to the Petitioner\'s petition. He advised the Petitioner to reconsider their petition.

"If [despite the past case], there remains a reason for the Petitioner to file the petition as there are other constitutional issues, the Petitioner can elaborate [it] in the petition. [Currently] you still include an article that has been decided by the Constitutional Court," he explained.

The Petitioner was given 14 working days to submit the revised petition by no later than December 3, 2019. The next hearing was scheduled to examine the revised petition. (Lulu Anjarsari)

Translated by: Yuniar Widiastuti

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