The preliminary hearing of the Political Party Law for case No. 75/PUU-XXI/2023, Thursday (7/27/2023). Photo by Humas MK/Ilham W.M.

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JAKARTA (MKRI) — The Constitutional Court (MK) held a preliminary hearing of the judicial review of Law No. 2 of 2011 on the Amendment to Law No. 2 of 2008 on Political Parties on Thursday, July 27, 2023. The case No. 75/PUU-XXI/2023 was filed by three Papuans: Muhammad Helmi Fahrozi (lecturer), E. Ramos Patege (private employee), and Leonardus O. Magai (university student).

The Petitioners challenge Article 2 paragraph (1b) of the Political Party Law, which reads, “The founder and the executive members of a Political Party shall not be the concurrent member of another political party.”

The Petitioners’ legal counsel Rustina Haryati explained the constitutional impairment incurred due to the enactment of the a quo article. “The Petitioners had suffered specific, actual, and potential constitutional impairment. They are Indonesian citizens who are over 17 years of age, so they can join any political party as members,” he said before the panel chaired by Constitutional Justice Daniel Yusmic P. Foekh.

The Petitioners believe the article should have been given clear, complete, comprehensive interpretation, which declares that aside from being prohibited from being the concurrent member of another political party, the term of political party executives should be limited in order to ensure legal certainty and justice for political party members who want to make contributions for their party’s progress.

The fact that the article does not regulate this means there is no equal opportunity for political party members to become party executives, as guaranteed by Article 1 paragraph (3), Article 27 paragraph (1), and Article 28D paragraph (1) of the 1945 Constitution.

“The Petitioners’ impairment includes the loss of the right to political participation and fair, equal opportunity in political party as explained in point eight, because Article 2 paragraph (1b) of Law No. 2 of 2011 has left the regeneration and succession of chairperson and executive members of political parties to the statute/bylaws,” Rustina emphasized.

Therefore, in their petitum, the Petitioners requested that the Court declare Article 2 paragraph (1b) of the Political Party Law unconstitutional and not legally binding if the term of office of the founder and executive members of a political party is set at five years and a one-time reelection in the same position, either consecutively or not.

Justices’ Advice

In response to the petition, Constitutional Justice M. Guntur Hamzah said a similar petition had been lodged to the Court, but the Petitioners argued that it is not ne bis in idem.

“I noted that the petition is the same as case No. [53/PUU-XXI/2023],” he said.

Meanwhile, Constitutional Justice Arief Hidayat requested that they clarify and elaborate their legal standing.

Before adjourning the session, Constitutional Justice Daniel Yusmic P. Foekh announced that the Petitioner had 14 workdays to revise the petition and submit it to the Registrar’s Office by Wednesday, August 9 at 10:00 WIB.  

Author       : Utami Argawati
Editor        : Nur R.
PR            : Raisa Ayudhita
Translator  : Yuniar Widiastuti (NL)

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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