The Petitioners and attorney attending the preliminary judicial review hearing of Law No. 7 of 2017 on General Elections virtually, Monday (26/7/2021). Photo by Humas MK/Ifa.
Monday, July 26, 2021 | 15:49 WIB
JAKARTA, Public Relations—The Constitutional Court (MK) held the second judicial review hearing of Law No. 7 of 2017 on General Elections on Monday, July 26, 2021. The petition No. 16/PUU-XIX/2021 was filed by Akhid Kurniawan, Dimas Permana Hadi, Heri Darmawan, and Subur Makmur, who gave power of attorney to Fadli Ramadhanil and other attorneys.
At this petition revision hearing, the Petitioners’ attorneys conveyed the revisions to the petition. One of them was the addition of the revised Constitutional Court Law No. 7 of 2020. The Petitioners also reiterated the articles in the Constitution that refer to their constitutional rights that are violated due to the enactment of the a quo law.
“Therefore, we believe that the Petitioners have legal standing in filing for the judicial review of the Election Law,” said attorney Fadli Ramadhanil before Constitutional Justices Saldi Isra (panel chair), Manahan M. P. Sitompul, and Enny Nurbaningsih.
The Petitioners also stressed the fundamental issue concerning heavy, irrational, and inappropriate workloads of election organizers. They believe it is not merely an issue of technicality and electoral management, but of norm constitutionality, especially the simultaneity of the election, which is regulated by the Election Law.
The petition also is related to the Petitioners’ position as the organizers of the 2019 election and their wish to participate in the 2024 election at the KPPS, PPK, and PPS levels. They also argued that the constitutionality issue would also have a greater impact, especially in relation to the workloads of ad hoc election organizers all across Indonesia for the 2024 election, especially the KPPS, PPK, and PPS at the voting, vote counting, and vote recapitulation stages.
Also read: Election Organizers Question Workloads During Simultaneous Elections
The Petitioners challenge Article 167 paragraph (3) and Article 347 paragraph (1) of the Election Law. The former reads, “The voting process in an election shall be conducted simultaneously on a holiday or a day determined as a national holiday,” while the latter reads, “The voting of all elections shall be conducted simultaneously.”
The Petitioners are citizens who worked as an election organizer in a polling station working committee (KPPS), a subdistrict election committee (PPK), and polling committee (PPS) during the 2019 Elections. Akhid Kurniawan was a KPPS member at TPS 024 of Wirokerten Village, Banguntapan Subdistrict, Bantul Regency, Yogyakarta Special Province. Dimas Permana Hadi was a PPK member of Ngaglik Subdistrict, Sleman Regency, Yogyakarta Special Province. Heri Darmawan was a PPK member of Sukmajaya Subdistrict, Depok City, West Java Province. Subur Makmur was a PPS member of Abadijaya Village, Sukmajaya Subdistrict, Depok City, West Java Province.
At the preliminary hearing on Wednesday, June 9, 2021, attorney Kahfi Adlan Hafiz talked about the Petitioners’ workloads as KPPS, PPK, and PPS members in the 2019 Elections. He said that there was a fundamental issue concerning the workloads of election organizers.
“The workloads of election organizers, especially KPPS, PPK, and PPS, according to Petitioners, were very heavy, irrational, and inappropriate,” he said. The Petitioner reasoned that it was because the elections were carried out simultaneously with five ballots to elect the president and vice president, the House of Representatives (DPR), the Regional Representatives Council (DPD), the provincial DPRD (Regional Legislative Council), and the regency/city DPRD.
Kahfi relayed Akhid Kurniawan’s recount (Petitioner I) of the KPPS’ duties, which were not only limited to the voting day, but also at least since three days before voting day. They include receiving and securing the logistics and building the polling stations (TPS).
Despite their grievance, the Petitioners intend to participate in KPPS, PPK, and PPS in the 2024 Elections. However, they filed the petition not only in relation to their duties in the 2019 Elections, but also because the issue will have greater impacts on the workloads of ad hoc election organizers throughout the country in 2024—especially KPPS, PPK, and PPS—on voting, vote counting, and recapitulation. They believe that it is directly related to the smooth running of honest and fair elections in accordance with the people’s sovereignty, with more rational, appropriate, and humane workloads for the election organizers.
Writer : Nano Tresna Arfana
Editor : Nur R.
PR : Tiara Agustina
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 7/26/2021 18:44 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.
Monday, July 26, 2021 | 15:49 WIB 338