M. Yunan Lubis representing the Petitioners at the petition revision hearing of the judicial review of Law No. 7 of 2017 on General Elections, Monday (9/20/2021). Photo by Humas MK/Bayu.

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Monday, September 20, 2021 | 14:51 WIB

JAKARTA, Public Relations—At the second judicial review hearing of Law No. 7 of 2017 on General Elections on Monday, September 20, 2021, counsel M. Yunan Lubis conveyed the revisions to the petition on behalf of the Petitioners. The hearing, taking place in the plenary courtroom, was presided over by Constitutional Justices Saldi Isra (chair), Suhartoyo, and Enny Nurbaningsih.

The Petitioners I-V of case No. 44/PUU-XIX/2021 are chairman and treasurer of the NGO Rumah Rakyat (Rura) Martondi and Naloanda, as well as private employee M. Gontar Lubis and entrepreneur Muhammad Yasid. In the revised petition, the Petitioners changed the object from the 18 articles of the Election Law to Article 223 paragraph (1).

“Based on this law, the absence of avenue [to realize] the constitutional right of citizens [not affiliated with] political parties render this right meaningless because [citizens not affiliated with political parties] cannot be elected in the presidential election and [the a quo article] is just an empty norm,” Lubis said at the virtual hearing.

Also read: Provision on Mandatory Party-Backed Presidential Tickets Challenged

The Petitioners believe that as citizens they have the constitutional right to elect and be elected in general elections, including in presidential elections. However, the norm stipulates that the constitutional right to be elected only belong to political party members, while citizens not affiliated with political parties are not regulated in any norm. As a consequence, the Petitioners potentially lose their chance of running as presidential tickets

In addition, the Petitioners believe that the constitutional right to elect and be elected as president-vice president in Law No. 7 of 2017 is only granted to citizens who are affiliated with political parties when, in fact, the Constitutional Court in Decisions No. 011-017/PUU-I/2003 and No. 102/PUU-VII/2009 stated that all citizens have the constitutional right to elect and be elected in the presidential elections.

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Raisa Ayudhita
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 9/21/2021 12:03 WIB

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

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