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The Petitioner’s attorney Julianta Sembiring in the judicial review hearing of Law No. 7 of 2017 on General Elections, Wednesday (22/7) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) approved the withdrawal request of the petition of Law No. 7 of 2017 on General Elections. The petition was filed by Ki Gendeng Pamungkas. The pronouncement hearing of Decree No. 35/PUU-XVIII/2020 took place on Wednesday, July 22, 2020 in the Plenary Courtroom. The hearing, which was presided over by Chief Justice Anwar Usman and the other eight justices adhered to COVID-19 health protocols.

The decree explained that the Court had received the petition from Ki Gendeng Pamungkas on May 9. He gave a power of attorney to Tonin Tachta Singarimbun and peers on May 8, which was received by the Court’s Registrar Office on May 10 and recorded in the constitutional case registration book (BRPK) as No. 35/PUU-XVIII/2020 on May 19 regarding the judicial review of Article 1 number 28, Article 221, and Article 225 paragraph (1) of Law No. 7 of 2017.

The Court then issued the Decree of the Chief Justice on the formation of justice panel to examine case No. 35/PUU-XVIII/2020 and held a preliminary examination on the petition on June 16. The justices had asked for the attorneys’ confirmation of the news of Ki Gendeng Pamungkas’s death. The attorneys explained that the person who had passed away was Iman Santoso, not Principal Petitioner Gendeng Pamungkas. The justices once again asked the attorneys to confirm the information and convey it to the Court at the second hearing.

At the petition revision hearing on July 6, the Petitioner’s attorneys couldn’t provide confirmation on Ki Gendeng Pamungkas’s passing but submitted the death certificate of Iman Santoso No. 474.3/69-TGL. The justices remained doubtful of the information and in a deliberation meeting (RPH) on the same day decided to continue the case with an additional preliminary hearing on July 13 to question the Petitioner.

On July 9, the Court received a letter from the Petitioner’s attorneys, which requested to withdraw the petition on the ground that they had received confirmation of the Principal Petitioner’s death on June 6. The Court in a deliberation meeting on July 13 decided to approve the request and declare that the petition cannot be re-filed. 

Also read:

Ki Gendeng Pamungkas Challenges Election Law 

Ki Gendeng Pamungkas Must Appear in Court Hearing

Ki Gendeng Pamungkas’ Attorney Withdraws Petition of Election Law 

The Petitioner challenged Article 1 number 28, Article 221, and Article 225 paragraph (1) of the Election Law. Article 1 number 28 reads, “A Pair of Candidates for President and Vice President, hereinafter referred to as Presidential Candidate Ticket, is a pairs of candidates for the Presidential and Vice President Election nominated by a political party or a coalition thereof that has fulfilled all existing requirements.”

Article 221 of the Election Law reads, “A Presidential Candidate and a Vice Presidential Candidate shall be nominated as pair in 1 (one) ticket by a Political Party or a Coalition Thereof.” Article 222 reads, “A Presidential Candidate Ticket is nominated by a Political Party or a Coalition Thereof Contesting in an election that meets the requirement of at least 20% (twenty percent) of the total number of seats in the DPR or 25% (twenty-five percent) of the national valid votes in the previous Election of members of the DPR.” Article 225 paragraph (1) reads, “A Political Party or a Coalition Thereof may announce the Presidential and/or Vice Presidential Candidate before the establishment of the legislative candidates running as members of the DPR, DPD, and DPRD.”

The Petitioner argued that the norms reviewed serve to appease the people if the executive and the parliament are not party members. Then, the ruling party would be able to reign in the presidency and the parliament, where incidents would occur, as shown by the Corruption Eradication Commission (KPK) not being able to enter the Indonesian Democratic Party of Struggle’s (PDI-P) office, the entry of Chinese migrant workers amidst COVID-19, or the creation of the COVID-19 Perppu on budget regulation not requiring parliamentary approval. This had driven him to try to help improve state administration by running as a president or vice president, not by making orations or organizing demonstrations.

The Petitioner believed that the presidential and vice presidential election is carried out to elect president and vice president who have strong support from the public, not those from political parties or coalitions thereof. They are expected to be able to carry out the functions of state government in order to achieve national goals as mandated in the Preamble of the 1945 Constitution. He also believed that the regulation regarding the presidential and vice presidential election in the a quo law doesn’t emphasize a strong and effective presidential system that would prevent losing presidential or vice presidential candidates and/or political parties/coalitions thereof from becoming ministers or entering the president’s and/or vice president’s staff circle. 

Writer: Nano Tresna Arfana
Editor: Nur R.
PR: Lambang TS
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 7/22/2020 16:15 WIB

Disclaimer: The original version of the news is in Indonesian. In case where any differences occur between the English and the Indonesian version, the Indonesian version will prevail.

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