House and President Request Material Review Hearing of Election Law Postponed

The judicial review hearing of Law No. 7 of 2017 on General Elections, Tuesday (8/30/2022). Photo by MKRI/Panji.

Tuesday, August 30, 2022 | 15:00 WIB

JAKARTA (MKRI)—The Constitutional Court (MK) postponed the third material judicial review of Law No. 7 of 2017 on General Elections (Election Law) for case No. 68/PUU-XX/2022. Chief Justice Anwar Usman declared this on Tuesday, August 30, 2022 virtually at the plenary courtroom. The hearing had been scheduled to hear the House of Representatives (DPR) and the president, who both requested it be delayed.

“Today’s agenda was supposed to be hearing the House and the president. The House sent a letter that it would be absent as it had another engagement and requested a reschedule. The president also requested a delay,” he said. He also informed that the next hearing would be announced at a later date.

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The Garuda Party’s chairman Ahmad Ridha Sabana and secretary-general Yohanna Murtika challenge Article 170 paragraph (1) of the Election 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.

In the petitum, the Petitioners requested that the Court invalidated the phrase “state official” in 171 paragraph (1) of the Election Law if not interpreted as “A state official nominated by a Political Party Contesting in an Election or a Coalition thereof as a candidate of president or vice president 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.” They also requested that the elucidation be declared null and void if the phrase is not interpreted as “A ‘state official’ means: a. 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. Head of an Official Indonesian Overseas Representative Office serving as a Special Ambassador with Full Authority; and, h. Other State Officials as defined by applicable law.”

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

Translation uploaded on 9/5/2022 11:04 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.

Tuesday, August 30, 2022 | 15:00 WIB 78