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The Petitioner’s attorney Heroik Mutaqin Pratama listening to the ruling of the judicial review of Law No. 7 of 2017 on General Elections on Thursday (27/8) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held another judicial review hearing of Law No. 7 of 2017 on General Elections on Wednesday, August 12, 2020 in the Plenary Courtroom. The case No. 48/PUU-XVIII/2020 was petitioned by the Association for Elections and Democracy (Perludem). The Petitioner challenged Article 414 paragraph (1) of the Election Law.

Reading out the Court’s opinion, Constitutional Justice Saldi Isra said that the Petitioner’s power of attorney No. 110/SK-Perludem/VII/2020 dated July 10, 2020 didn’t meet the requirements stipulated in Article 18 of the deed of establishment of Perludem.

“Based on the deed of establishment of Perludem, the chairman himself/herself or the chairman together with a member of the board, have the right to represent the Petitioner. However, in the power of attorney, the Petitioner’s representatives are the treasurer and secretary, while the chairman is the one who is given the power of attorney,” he said. Consequently, the Petitioner didn’t have legal standing to file the a quo petition.

Also read:

Perludem Questions Parliamentary Threshold

Perludem Strengthens Argument on Parliamentary Threshold

Perludem challenged Article 414 paragraph (1) of the Election Law, which reads, "A political party contesting in a legislative election must reach the electoral threshold of at least four percent of the national number of valid votes in order to be included in the seat allocation for DPR members."

Perludem organizes activities that promote democracy and democratic elections in Indonesia. It has involved members of the community in realizing democratic elections in Indonesia. as reflected in its articles of association and/or deed of establishment.

Perludem believed that the enactment of the article potentially or had directly or indirectly infringed on Perludem’s constitutional rights, because the parliamentary threshold is not based on an open, transparent calculation that is in accordance with proportional representation and, consequently, Perludem’s activities had been in vain.

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

Translation uploaded on 8/31/2020 17:15 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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