Garuda Party Revises Petition on Election Law

The petition revision hearing of the judicial review of the Election Law for a petition by the Garuda Party presided over by Constitutional Justices Arief Hidayat, Saldi Isra, and Manahan M. P. Sitompul, Wednesday (7/20/2022). Photo by Humas MK/Panji.

Thursday, July 21, 2022 | 11:13 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held another hearing on the judicial review of Law No. 7 of 2017 on General Elections (Election Law) virtually on Wednesday, July 20, 2022. The hearing was meant to hear the revisions to the petition No. 68/PUU-XX/2022.

Desmi Hardi, one of the Petitioners’ legal counsels, conveyed to the panel chaired by Constitutional Justice Arief Hidayat that the revisions include that of the touchstones. The Petitioners had initially used Article 6A paragraph (2) and Article 22E paragraph (1) of the 1945 Constitution, but then changed them to Article 6, Article 6A paragraph (2), and Article 28I paragraph (2) of the 1945 Constitution

In explaining the Court’s authority, the Petitioners had also included Law No. 7 of 2020 on the Third Amendment to Law No. 24 of 2003 on the Constitutional Court. The Petitioners also added their party’s statute/bylaw, which support the argument that they have legal standing to file the petition. In the background to the petition, hey elaborated the correlation between the article being reviewed and the touchstones.

Also read: Garuda Party Challenges Provision on Resignation to Run in Elections 

At the preliminary hearing of case No. 68/PUU-XX/2022 by the Garuda Party’s chairman Ahmad Ridha Sabana and secretary-general Yohanna Murtika on Thursday, July 7, 2022, the Petitioners conveyed their challenge against Article 170 paragraph (1) of the Election Law, which reads, “A state official nominated by a Political Party Contesting in an Election or a Coalition thereof as a candidate of president or vice president in a presidential election must resign from their position as a state official, except if they are a president, a vice president, a leader or a member of the MPR, a leader or a member of the DPR, a leader or a member of the DPD, a governor, a vice governor, a regent, a vice regent, a mayor, or a vice mayor.”

Its elucidation reads, “A ‘state official’ means: a. Chief Justice, Deputy Chief Justice, Associate Justice, and Justice in the Supreme Court; b. Chief Judge, Deputy Judge, and Judges in all judicial bodies, except for ad hoc Judges. c. Chief Justice, Deputy Chief Justice, and Justices of the Constitutional Court; d. Head, Deputy Head, and Members of the Audit Board of Indonesia; e. Chairperson, Deputy Chairperson, and Commissioners of the Judicial Commission; f. Chairperson and Deputy Chairperson of the Corruption Eradication Commission; g. Ministers and state officials at the same echelon with a minister; h. Head of an Official Indonesian Overseas Representative Office serving as a Special Ambassador with Full Authority; and, i. Other State Officials as defined by applicable law.”

The Petitioners argued that minsters are state officials excluded from having to resign if nominated as a president/vice president candidate by a political party or a coalition. The current ministers within the Onward Indonesia Cabinet, as well as the Petitioners who nominated a minister as a president/vice president candidate would potentially or inevitably suffer constitutional impairment according to logical reasoning. On the other hand, when a governor or vice governor, a regent or vice regent, a mayor or a vice mayor is nominated as a president/vice president candidate, they would only need a permission from the president, pursuant to Article 171 paragraph (1) of the Election Law.

“Different treatment between ministers and governors, vice governors, regents, vice regents, mayors and vice mayors when nominated as president and vice president by the Petitioner has also harmed and caused injustice to the Petitioners, [in violation of] Article 22E of the 1945 Constitution,” said legal counsel Munathsir Mustaman before the panel chaired by Constitutional Justice Arief Hidayat.  

Writer        : Nano Tresna Arfana
Editor        : Nur R.
PR            : Tiara Agustina
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 7/22/2022 15:13 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.

Thursday, July 21, 2022 | 11:13 WIB 227
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