Constitutional Justice Daniel Yusmic P. Foekh reading out the Court’s opinion at the ruling hearing of the judicial review of Law No. 2 of 2011 on Political Parties, Wednesday (8/30/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — On Wednesday, August 30, 2023, the Constitutional Court (MK) declared the judicial review petition by three Papuans—lecturer Muhammad Helmi Fahrozi, private employee E. Ramos Petege, and university student Leonardus O. Magai—of Law No. 2 of 2011 on the Amendment to Law No. 2 of 2008 on Political Parties inadmissible. They challenged 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 Court] adjudicated, declares the Petitioners’ petition inadmissible,” said Chief Justice Anwar Usman alongside the other eight constitutional justices reading out the verdict of Decision No. 75/PUU-XXI/2023.

In its considerations after examining the petition, especially what the Petitioners asked the Court to rule (petitum) to declare Article 2 paragraph (1b) of the Political Party Law unconstitutional and not legally binding if not interpreted as “The founder and the executive members of a Political Party shall not be the concurrent member of another political party, and the executive members of a Political Party shall hold office for 5 (five) years and can only be reelected 1 (one) time in the same position, either consecutively or not.”

“After examining the a quo petition, the Court found that Article 2 paragraph (1b) of Law No. 2 of 2011 was part of Chapter II on the Formation of Political Parties. Meanwhile, the issue challenged by the Petitioners was part of Chapter IX on Management. If the Court followed the Petitioners’ wish to reinterpret Article 2 paragraph (1b) of Law No. 2 of 2011, it would not be part of the norm regulating the formation of political parties. If the requested reinterpretation was included in Chapter II, whether we realize it or not, it would change the structure and substance of what Chapter II regulates,” said Constitutional Justice Daniel Yusmic P. Foekh reading out the Court’s legal opinion.

He added that the reinterpretation would be hard to justify because the Petitioners wished that party executives hold office for five years and can only be reelected one time, either consecutively or not. Such a request showed contradiction between the reasons to file the petition (posita) and the matters requested (petitum), which was not in line with Article 74 of the Constitutional Court Regulation (PMK) No. 2 of 2021 on procedural law for judicial review.

“Therefore, the Petitioners’ petition had become obscure,” Justice Foekh stressed.

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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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