Petitioner of Provision on Presidential Ticket Requirements Revises Petition

Constitutional Justice Saldi Isra chairing the petition revision hearing of the judicial review of Law No. 7 of 2017 on General Elections, Wednesday (2/1/2023). Photo by MKRI/Ifa.

Wednesday, February 1, 2023 | 11:51 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) held a petition revision hearing of Article 169 letter n and Article 227 letter i of Law No. 7 of 2017 on General Elections on Wednesday, February 1, 2023. The petition No. 4/PUUXXI/2023 was filed by Herifuddin Daulay.

The Petitioner conveyed the revisions to his petition virtually. “Following recommendations by the panel of justice, the petition had been simplified with three norms. The norms petitioned are expanded with the addition of Article 1 paragraph (2), Article 6 paragraph (1), Article 27 paragraph (3), Article 36, and Article 4 paragraph (1),” he said.

He also said the legal standing had been clarified. He asserted that he could not vote for a competent presidential ticket, which is an effort in state defense. He believed he had met the requirements set out by Article 4 paragraph (2) of the Constitutional Court Regulation (PMK) No. 2 of 2021 since he had legal standing to file the petition.

Also read: Petitioner Says Limit of Two Terms for President Counterintuitive

The Petitioner had previously asserted that his constitutional rights had been violated by the enactment of Article 7 of the 1945 Constitution on restriction to two terms of office for the president. He argued that very few people have the competency for the position of a president, so the restriction would lead to a president-elect who does not have competency.

He also argued that the article is ambiguous and an additional provision is needed to affirm the norm, so that it would read “re-elected for two terms if necessary, either without any specific measure or through the Constitutional Court’s decision.”

The Petitioner also asserted that the additional norms, Article 169 letter n and Article 227 letter i of the Election Law, serve as the basis for the restriction on the reelection of the president, which he believes to be counterintuitive and, thus, must be annulled. In the petitum, he requested that the Court declare Article 169 letter n and Article 227 letter i of the Election Law unconstitutional and not legally binding.

Writer        : Utami Argawati
Editor        : Lulu Anjarsari
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 2/6/2023 15:37 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.

Wednesday, February 01, 2023 | 11:51 WIB 161