Regional Representatives Council (DPD) speaker Aa Lanyalla M. Mattalitti challenging the provision on presidential threshold in Article 222 of Law No. 7 of 2017 on General Elections, Tuesday (4/26/2022). Photo by Humas MK/BPE.

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Tuesday, April 26, 2022 | 14:41 WIB

JAKARTA, Public Relations—Leaders of the Regional Representatives Council (DPD) Aa Lanyalla M. Mattalitti, Nono Sampono, Mahyudin, and Sultan Baktiar Najamudin challenge the provision on presidential threshold in Article 222 of Law No. 7 of 2017 on General Elections (Election Law) for case No. 52/PUU-XX/2022. In addition, the Crescent Star Party (PBB), represented by chairman Yusril Ihza Mahendra and secretary-general Afriansyah Noor also expressed their opposition to it as Petitioner II.

At the preliminary hearing in the panel courtroom, legal counsel Denny Indrayana asserted that, although the provision had been challenged numerous times in the Constitutional Court (MK), which ruled to reject or dismiss the petitions, the Petitioners believe that their petition is different than the previous ones. He said that, as a state institution tasked with guarding the interest of the regions and its members, Petitioner I believe the a quo article, which limits the presidential threshold to 20% of the House of Representatives (DPR) seats or 25% of the valid national votes, had restricted their right and obligation to promote and fight for equality for regional candidates to run as presidential tickets. The provision, he added, had allowed powerful political elite special access without any regard of their quality, capability, and expertise.

Meanwhile, Petitioner II who had contested in the 2019 Election, he added, believes that Article 222 of the Election Law had eliminated the possibility for political parties to endorse presidential tickets independently. As a result, a new phenomenon emerged, where capital owners reign sovereign in Indonesia, not the people.

“The weakening of the role of the oligarchs in the election [will] strengthen government, which is carried out for the benefit of the people. Thus, people’s sovereignty will have more opportunities to stand tall in Indonesia,” he said before Deputy Chief Justice Aswanto (panel chair), Constitutional Justice Manahan M. P. Sitompul, and Constitutional Justice Daniel Yusmic P. Foekh.

Therefore, in the petitum, the Petitioners requested that the Court grant the petition in its entirety and, “Declare Article 222 of Law No. 7 of 2017 on General Elections in violation of the 1945 Constitution and not legally binding,” Denny stressed.

Justices’ Advice

In response to the petition, Constitutional Justice Daniel Yusmic P. Foekh advised the Petitioners to add more elaboration on the background of the petition and the constitutional impairment of each of the Petitioners. He also asked them to argue why the article in question should be challenged again, giving numerous rulings the Court already handed down.

“Next, the legal standing of Petitioner I in the appendix. The appendix is news, so please complete it with the [transcript] of the [House’s] plenary session, so that it can be made an additional document for evidence, since Petitioner I represent an institution. So, it is highly possible to attach this evidence,” he explained.

Meanwhile. Deputy Chief Justice Aswanto advised the Petitioners to reconsider the possibility of ne bis in idem in the exception of the petition. He also wished for them to elaborate different arguments for the norm’s constitutionality following the standard format of judicial review petition.

Before concluding the hearing, Justice Aswanto reminded the Petitioners that they must submit the petition by Monday, May 9. The next hearing would be informed by the Registrar's Office.

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

Translation uploaded on 4/27/2022 08:15 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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