Deputy Chief Justice Aswanto at the ruling hearing of the material judicial review of Law No. 2 of 2011 on Political Party, Thursday (7/7/2022). Photo by Humas MK/Ifa.
Thursday, July 7, 2022 | 15:19 WIB
JAKARTA, Public Relations—The Constitutional Court (MK) rejected the entire judicial review petition of Law No. 2 of 2011 on the Amendment to Law No. 2 of 2008 on Political Parties (Party Law) filed by E. Ramos Petege and others. “[The Court] rejected the Petitioners’ petition in its entirety,” said Chief Justice Anwar Usman alongside the other eight constitutional justices at the ruling hearing for case No. 44/PUU-XX/2022 on Thursday, July 7, 2022.
In response to the Petitioners’ argument against the constitutionality of Article 29 paragraph (2) of the Party Law, which they believed was neither undemocratic nor transparent in the recruitment of regional head candidates and the candidates for their deputies as well as presidential and vice-presidential candidates, the Court asserted that the a quo article had determined the recruitment process democratically and transparently following the parties’ statutes/bylaws and statutory laws. The phrase ‘democratically and openly’ emerged for the first time in the same article in the older law (Law No. 2 of 2008). There was no explanation on the phrase, but it was to be based on the parties’ statutes/bylaws.
The Court asserted in its legal considerations, as read out by Deputy Chief Justice Aswanto, that the candidate recruitment is not part of the regional head election as referred to in Article 5 of Law No. 8 of 2015 on the Amendment to Law No. 1 of 2015 on the Stipulation of the Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors into Law. The regional head election includes preparation and implementation. In the implementation stage, the organizers in casu the regional elections commission started by announcing the registration, then implementing the registration.
“Article 167 of Law No. 7 of 2017 on General Elections also does not determine the recruitment of candidates as part of the general election. Thus, [it] is the jurisdiction of the political parties, as asserted in the aforementioned considerations,” Justice Aswanto said.
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Not a Constitutionality Issue
The meaning of ‘democracy’ in Article 29 paragraph (2) of the Party Law, the Court asserted, cannot be separated from the etymology, i.e. the words demos and kratos, which means ‘government of the people’ or ‘government of, by, and for the people.’ Relating to the Petitioners’ argument, it means providing space for voters, who will directly elect their candidates, to also look for candidates who meet the requirements as stipulated in the laws and regulations to be nominated by political parties in the election of regional heads and deputy regional heads as well as in the presidential and vice-presidential election.
This process is in line with the function of political parties, i.e. filling political positions through democratic mechanism by taking into account to gender equality and justice. The implementation of this function is part of the specific objective of political parties to increase political participation by members and the public in organizing political and governmental activities. That is, implementing a democratic and open recruitment will generate candidates that are in line with the function of political parties.
Justice Aswanto asserted that Article 29 paragraph (2) of the Party Law has no constitutionality issue as it is in line with the constitutional mandate that laid the foundation for democracy in the recruitment of regional head and deputy regional head candidates as well as presidential and vice-presidential candidates. Realizing the intent of the a quo article is entirely up to the political party’s statute/bylaw which, as the rules of the game that drive the party’s organization, must regulate the recruitment based on democracy and transparency.
“Therefore, whether a preliminary election or convention will be used in the recruitment of regional head and deputy regional head candidates as well as presidential and vice-presidential candidates, all of that is the political party’s authority to regulate in their statute/bylaw. Thus, each party’s statute/bylaw in its implementation needs to be reviewed or considered to ensure that it always meets the principles of democracy and transparency as referred to in Article 29 paragraph (2) the Party Law. The implementation of these principles in the statute/bylaw can be assessed by the public,” Justice Aswanto said.
Also read: Petitioners of Party Law Strengthen Arguments on Legal Standing
The case No. 44/PUU-XX/2022 was filed by E. Ramos Petege and others. They asserted that Article 29 of the Party Law did not require political parties to conduct selection, regeneration, and recruitment for presidential and vice-presidential candidates, but instead leave them to the party’s statute/bylaw. Meanwhile, for the sake of democracy, a participatory and transparent mechanism for the selection and recruitment of presidential candidates is needed. Therefore, the Petitioners believe this could potentially endanger the national political system, especially in relation to the succession of the national leadership. In addition, they believe the recruitment and selection for presidential and vice-presidential candidates within political parties was not transparent and instead prioritized sectoral interests.
In their petitum, the Petitioners requested that the Court declare Article 29 of the Party Law unconstitutional if not interpreted to mean “the candidates for president and vice president will be determined based on the results of the primaries.” They also requested that it be declared unconstitutional as long as it does not mean ‘the candidates for regional head and deputy regional head who are determined based on the results of the primaries’ apply mutatis mutandis to the Election Law and the Regional Head Election Law.
Writer : Nano Tresna Arfana
Editor : Lulu Anjarsari P.
PR : M. Halim
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 7/8/2022 09:23 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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