Chief Justice Anwar Usman reading out the verdict of the material judicial review of Law No. 7 of 2017 on General Elections, Tuesday (3/29/2022). Photo by Humas MK/Ifa.
Wednesday, March 30, 2022 | 00:53 WIB
JAKARTA, Public Relations—The Constitutional Court (MK) declared a petition on presidential threshold for the judicial review of Law No. 7 of 2017 on General Elections (Election Law) by 27 members of the Indonesian diaspora who reside in 12 countries inadmissible.
“[The Court] adjudicated, declares the Petitioner’s petition inadmissible,” asserted plenary chair Chief Justice Anwar Usman reading out the verdict of Decision No. 8/PUU-XX/2022 at a ruling hearing on Tuesday, March 29, 2022 virtually.
The Court asserted in its legal considerations that the Petitioners’ status in case No. 8/PUU-XX/2022 as Indonesian citizens who had the right to be a candidate for presidential election in the judicial review of Article 222 of the Election Law had followed its Decision No. 66/PUU-XIX/2021 dated February 24, 2022 as follows: “… Individual citizens who have the right to be elected may be deemed to have impaired constitutional rights as long as they can prove that they are supported by a political party or a coalition of political parties participating in the General Elections to run or be endorsed as a candidate pair for President and Vice President or to apply together with their supporting political part(ies). Such an assessment of the loss of constitutional rights is, according to the Court, still in line with Article 6A paragraph (2) and Article 8 paragraph (3) of the 1945 Constitution.”
The Petitioners could not meet the requirements stipulated in the considerations of that decision, so the Court asserted that there was no impairment to their constitutional right to be a candidate for presidential election, contrary to what they had argued.
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In relation to the Petitioners’ perceived loss of right to equal access in elections and to advance oneself in fighting for the development of the community, nation, and state as well as to participate in national development, the Court did not find any causal relationship between the norms for which constitutional review was requested and the perceived loss, both actual and potential.
The Court was of the opinion that Article 222 of the Election Law did not restrict the citizens’ equal access in elections and to advance oneself in fighting for the development of the community, nation, and state as well as to participate in national development. In the context of presidential elections, the citizens’ constitutional rights as argued by the Petitioners constitute the goal of the election: a means for political representation where the people can vote for their representatives to channel their aspirations and interests, and in this case, the succession of national leadership.
Also read: Indonesian Diaspora in 12 Countries Revise Petition on Presidential Threshold
Therefore, with the enactment of Article 222 of the Election Law, the Petitioners’ constitutional rights to equal access in elections and to participate in national development will continue to be met since their aspirations and interests are accommodated in election, which produce national leadership according to the people’s votes. As such, the Court asserted, Petitioners VI, VIII, IX, XIX, XX, and XXII-XXIV also did not have the legal standing to file the a quo petition.
The Court stated that although it had jurisdiction over the a quo petition, as the Petitioners did not have the legal standing to file the a quo petition, it did not considered the merit of the petition.
https://www.youtube.com/watch?v=Ya2Vfcr6gbs
Writer : Nano Tresna Arfana
Editor : Nur R.
PR : Raisa Ayudhita
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 4/5/2022 10:49 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.
Wednesday, March 30, 2022 | 00:53 WIB 182