Constitutional Justices Suhartoyo, Enny Nurbaningsih, and Saldi Isra opening the panel petition revision hearing of the judicial review of Law No. 7 of 2017 on General Elections, Monday (4/11/2022). Photo by Humas MK/Ifa.
Monday, April 11, 2022 | 13:11 WIB
JAKARTA, Public Relations—The judicial review hearing of rticle 167 paragraph (3) and Article 347 paragraph (1) of Law No. 7 of 2017 on General Elections (Election Law) against the 1945 Constitution commenced in the Constitutional Court (MK) on Monday, April 11, 2022.
Through legal counsel Said Salahudin, the Petitioners conveyed the revisions to the petition, stressing the changes to the format, Petitioners’ profiles, explanation of the Court’s authority, elaboration of the Petitioners’ legal standing, the points of the petition, and the petitum. They also changed their argument on the reason why the election of the House of Representatives (DPR), Regional Representatives Council (DPD), and Regional Legislative Council (DPRD) members should not be simultaneous with the presidential election. Only if the provision is based on the DPR seats in the 2024 Election will their constitutional rights as a political party be impaired, they argued.
“The Petitioners felt constitutional impairment in that their chances will be restricted in endorsing a presidential ticket in the 2024 Election,” Said said before the bench chaired by Constitutional Justice Suhartoyo.
If the DPR election takes place at a different time from the presidential election or earlier, he added, the presidential election would not be based on the DPR seats that the contesting political parties obtain.
“Instead, it would be based on the votes or DPR seats obtained by the parties contesting in the 2024 Election. Consequently, as a party that has equal opportunity as other parties and has a chance in obtaining a [DPR] seat in the 2024 Election, the Petitioners have the right to endorse a presidential ticket in the 2024 Election,” Said explained.
Also read: Gelora Party Challenges Provision on 2024 Simultaneous Election
The case No. 35/PUU-XX/2022 was filed by the Gelora (Indonesian People’s Wave) Party, represented by Anis Matta and colleagues, who had previously asserted that they had a great chance to contest in the 2024 Election as their legitimacy had been proven by the Decree of the Ministry of Law and Human Rights No. M.HH-11.AH.11.01 of 2020 on the Certification as a Legal Entity Political Party and the party had met the administrative requirements set by the Election Law.
The Petitioners believe that this would not apply because of Article 167 paragraph (3) and Article 347 paragraph (1) of the Election Law require that a political party or coalition of political parties can nominate presidential and vice-presidential candidates on the condition that they have at least 20% of the number of seats in the House of Representatives (DPR) or 25% of the votes from the 2019 Election. Thus, although during the nomination the Petitioner had been declared a contesting party in the election, they cannot endorse a presidential ticket and do not have a bargaining position in the endorsement to join forces with other political parties.
Therefore, in the petitum, the Petitioners requested that the Court declare Article 167 paragraph (3) along the word “simultaneously” and Article 347 paragraph (1) of Law No. 7 of 2017 on General Elections unconstitutional and not legally binding if not interpreted to mean “The election of DPR, DPD, and DPRD, the president and vice-president since the 2024 Election not be conducted on the same day as the election, and the election of the president and vice president be conducted after the acquisition of votes and DPR seats be certified.”
Writer : Utami Argawati
Editor : Lulu Anjarsari P.
PR : Tiara Agustina
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 4/12/2022 08:43 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.
Monday, April 11, 2022 | 13:11 WIB 186