Constitutional Justice Daniel Yusmic P. Foekh opening the panel petition revision hearing for the judicial review of the Political Party Law, Monday (8/14/2023). Photo by Humas MK/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of Law No. 2 of 2011 on the Amendment to Law No. 2 of 2008 on Political Parties on Monday, August 14, 2023. The case No. 75/PUU-XXI/2023 was filed by three Papuans: Muhammad Helmi Fahrozi, E. Ramos Petege, and Leonardus O. Magai (Petitioners I-III, respectively), who question the term of office of political party leaders and executive members.

Legal counsel Zico Leonard Djagardo Simanjuntak represented the Petitioners to convey the revisions to the petition. He said that the elaboration of the Petitioners’ legal standing had been revised. Petitioner I is a lecturer, Petitioner II is an eligible voter, while Petitioner III is an activist and member of the executive directorate of Progressive Democracy Watch (Prodewa) of Papua.

Also read: Three Papuans Challenge Term of Office of Party Executives

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.”

At the preliminary hearing on Thursday, July 27, the Petitioners through legal counsel Rustina Haryati asserted that Article 2 paragraph (1b) of the Political Party Law 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, the Petitioners argued, 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.

“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 request 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. 

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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