The petition revision hearing for case No. 8/PUU-XX/2022 on the judicial review of the provision on presidential threshold in Law No. 7 of 2017 on General Elections, filed by several members of the Indonesian diaspora, Wednesday (2/23/2022). Photo by Humas MK/Ilham W. M.

---

Thursday, February 24, 2022 | 11:55 WIB

JAKARTA, Public Relations—The petition revision hearing for the judicial review of Law No. 7 of 2017 on General Elections (Election Law) took place virtually from the Constitutional Court (MK) on Wednesday, February 23, 2022. The case No. Nomor 8/PUU-XX/2022 was filed by 27 members of the Indonesian diaspora who reside in 12 countries.

Their legal counsel Raziv Barokah conveyed the revisions to the petition, including the Petitioners’ profiles and the elaboration on the minority support for the parliament in the presidential system in several countries.

“First, there was recommendation to revise the addition of Petitioners I, II, III and so on. We have done that, as is shown on pages 3 to 5 on the Petitioners’ profiles,” he said to the justice panel chaired by Constitutional Justice Arief Hidayat.

The Petitioners had also included the latest Constitutional Court Law and the elaboration of the experiences of minority support for the parliament in the presidential system in several countries, which share things in common with Indonesia.

“We added the revision in point 78 on page 32, Your Honors. We talked about Indonesia’s own experience in 2004 when the Democratic Party won the presidential election. At that time, the vice president-elect did not get majority support from parliament, but managed to run the government smoothly. Along the way, naturally, the parliamentary support gradually formed itself,” Raziv said.

The Petitioners also added a table showing countries that follow a multiparty system, as well as the factual conditions of the multiparty in those countries.

Also read: Indonesian Diaspora from 12 Countries Challenge Presidential Threshold

The case No. Nomor 8/PUU-XX/2022 was filed by 27 members of the Indonesian diaspora from 12 countries, including Tata Kesantra, Ida Irmayani, and Sri Mulyanti Masri. They argued that they are eligible voters, with implicit right to be elected.

They challenge Article 222 of the Election Law, which reads, “A presidential candidate ticket shall be nominated by a political party (or a coalition thereof) contesting in an election that has managed to win at least 20% (twenty percent) of DPR seats or 25% (twenty-five percent) of national valid votes in the previous election of members of the DPR.”

The Petitioners detailed at least five points of constitutional impairment, both potential and actual. It includes limited options of candidates to choose from, restriction from running in the presidential election, lacking equal justice and access to the election, restriction from fighting for national development, and polarized public opinions.

They also requested that the Court change its stance on the presidential threshold, which they believe cannot be said to be an open legal policy. 

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

Translation uploaded on 2/24/2022 17:47 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.

---