Constitutional Justices M. Guntur Hamzah, Manahan M. P. Sitompul, and Daniel Yusmic P. Foekh prevising over a petition revision hearing of the judicial review of the Political Party Law, Monday (8/14/2023). Photo by Humas MK/Panji.

---

JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review of Law No. 2 of 2011 on the Amendment to Law No. 2 of 2008 on Political Parties on Monday, August 14, 2023. The petition No. 77/PUU-XXI/2023 was filed by Risky Kurniawan, a law student of the International University of Batam, who challenges Article 2 paragraph (1b) of the Political Party Law against Article 1 paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution.

Legal counsel Otniel Raja Maruli Situmorang conveyed the revisions to the petition, including the Petitioner’s legal standing and the assertion that the petition is not ne bis in idem, the background of the petition, and the analysis of party leadership’s terms in various countries.

“This petition is not ne bis in idem because the [petition] No. 53/PUU-XXI/2023 [used] Article 1 paragraph (3), Article 27 paragraph (1), and Article 28D paragraph (1) of the 1945 Constitution as touchstones, while the [petition] No. 77/PUU-XXI/2023 uses Article 1 paragraph (2) and Article 28D paragraph (1) as touchstones as well as Decision No. 48/PUU-XXI/2023,” he said before Constitutional Justices M. Guntur Hamzah, Daniel Yusmic P. Foekh, and Manahan M. P. Sitompul virtually, broadcasted to a panel courtroom.

Next, legal counsel Albert Ola Masan Setiawan Muda added that the revised petition had mentioned the Petitioner’s constitutional impairment, especially his fear of possible intervention if he shares his opinions at the deliberation of the determination of political party chairperson. The Petitioner also explained in the petition the comparison of party leadership’s terms in various countries such as the Philippines and South Sudan as well as in other national political parties.

Also read: Young Golkar Member Challenges Term of Office of Chairperson

Article 2 paragraph (1b) of the Political Party Law 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 Petitioner’s legal counsel Otniel Raja Maruli Situmorang said that the Petitioner has been a member of the Golongan Karya (Golkar) Party since June 30, 2023 and has made a goal that in the future, after making sizeable contributions to the party, he will seek to become the party’s chairperson. However, due to the absence of a binding regulation on the term of office of a party chairperson in the Political Party Law, his target is restricted. The absence has left the Golkar Party chairperson able to hold office indefinitely, despite the fact that the party’s statute/bylaws regulate this.

In the petitum, the Petitioner requests that the Court declare Article 2 paragraph (1b) of Law No. 2 of 2011 on the Amendment to Law No. 2 of 2008 on Political Parties in violation of the 1945 Constitution and not having legal force if not interpreted to mean ‘executive members of a political party, especially the chairman or any designation following the party’s statute and bylaws, shall hold office for five years and can only be reelected twice in the same position, either consecutively [or not], and the founder and executive members of the political party shall not be the concurrent member of another political party

Author       : Sri Pujianti
Editor        : Nur R.
PR            : Muhammad Halim
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.

---