Deputy Chief Justice Aswanto opened the panel petition revision hearing of Law No. 7 of 2017 on General Elections alongside Constitutional Justices Suhartoyo and Enny Nurbaningsih, Monday (5/9/2022). Photo by Humas MK/Ifa.

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Monday, May 9, 2022 | 12:50 WIB

JAKARTA, Public Relations—Several civil servant (PNS) and state-owned enterprise (BUMN) retirees revised their material judicial review petition of Articles 222 and 223 of Law No. 7 of 2017 on General Elections (Election Law) before the Constitutional Court (MK). The petition revision hearing for case No. 42/PUU-XX/2022 took place on Monday, May 9, 2022.

The Petitioners’ legal counsel Santi Lisina conveyed the revisions to the petition, which included the inclusion of the phrase “judicial review petition against the Constitution either together or separately” in the first paragraph of the petition and the removal of the Petitioners’ profile from the petition.

“Next, the Court’s authority in this petition has been revised following the Constitutional Court Regulation No. 2 of 2021,” she said before the justice panel chaired by Deputy Chief Justice Aswanto.

The Petitioners had also abridged the petition from 95 pages to 73—48 main pages and 25 pages of appendices. The explanation of democracy and parliamentary official opposition, previously laid out in paragraph 104, had been moved to the appendices. The Petitioners had also elaborated their legal standing.

Also read: Petitioners Request Election Law to Determine Presidential Threshold

At the preliminary hearing, the Petitioners argued that Article 222 of the Election Law only includes a minimum threshold without an upper threshold, potentially harming their constitutional rights because it is based on the 2014 and 2019 Elections and, in the absence of a maximum threshold, the coalitions of political parties monopolize House (DPR) seats or valid national votes. In other words, the Petitioners’ right to obtain presidential tickets are limited by the requirement of a minimum threshold without a maximum threshold.

Meanwhile, Article 223 of the Election Law reads, “The determination of presidential and/or vice presidential candidates shall be carried out democratically and openly in accordance with the internal mechanism of the political party in question.” Said article and its Elucidation are considered not following the principles of inclusiveness, transparency, and openness because it is understood by all political parties that the determination of presidential and/or vice presidential candidates be part of the prerogative of the general chairman of a political party with or without the approval/consideration of other administrators. Thus, this potentially eliminates the Petitioners’ nomination as outstanding leaders.

Therefore, in their petitum, the Petitioners requested that the Court declare Articles 222 and 223 of the Election Law unconstitutional and not legally binding.

Writer        : Nano Tresna Arfana
Editor        : Lulu Anjarsari P.
PR            : Tiara Agustina
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 5/9/2022 13:05 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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