Legal cousel Gracia conveying revisions to the judicial review petition of legislative candidates’ term limit in the Election, Law Monday (9/25/2023). Photo by MKRI/Ifa.

---

JAKARTA (MKRI) —  The Constitutional Court (MK) held a second judicial review hearing of the Law No. 7 of 2017 on General Elections (Election Law) on Monday, September 25, 2023. The case No. 98/PUU-XXI/2023 was filed by university student Andi Redani Suryanata, who challenges Article 240 paragraph (1) and Article 258 paragraph (1) of the Election Law. Both articles regulate the requirements for DPR, DRPD, and DPD candidates and the provisions for DPD candidate registration through the Provincial KPU (Elections Commission).

At the petition revision hearing presided by Constitutional Justices Suhartoyo, Wahiduddin Adams, and Enny Nurbaningsih, legal counsel Gracia conveyed the revisions to the petition.

“On page 5, [it is stated] that the material review is requested of Article 182 and Article 240 paragraph (1) of Law No. 7 of 2017 on General Elections against Article 28B paragraph (1) and Article 22E paragraph (1) of the 1945 Constitution,” said Gracia.

She added that the Petitioner has legal standing in that he has the constitutional right to apply for judicial review of laws against the Constitution, which is guaranteed by Article 1 paragraph (3), Article 22E paragraph (1), Article 27 paragraph (1), Article 28B paragraph (1), and Article 28J paragraph (2) of the 1945 Constitution.

“The Petitioner’s constitutional rights and/or authority has been harmed by the enactment of the law being petitioned for review. The constitutional loss must be specific and actual or at least potential, which according to logical reasoning could certainly occur,” Gracia explained.

Also read: Petitioner Questions Lack of Legislative Candidates’ Term Limit

At the preliminary hearing, the Petitioner conveyed that Article 240 paragraph (1) and Article 258 paragraph (1) of the Election Law must be interpreted that the term limit of members of the House of Representatives (DPR), the Regional Representatives Council (DPD), as well as the Provincial and Regency/City Legislative Council (DPRD) is as important as that of the president/vice president. He asserted that low quality, integrity, and competence have allowed corruption, collusion, and nepotism (KKN) by the legislative state institutions because Article 240 paragraph (1) and Article 258 paragraph (1) of the Election Law do not include term limit in the requirements for candidates for DPR, DPD, and DPRD members.

Based on the argument, he added, both articles must state explicitly that the requirements for the election of candidates for members of the DPR, DPD, and DPRD include a term limit, which is two terms for the same position. The Petitioner argues that a term limit is important because of the current state of state institutions. Currently there is little guarantee of development and welfare improvement due to, among others, lack of innovation by state institutions. He cited Giovanni Sartori’s view that the problem with the presidential system lies not in the executive, but the legislative.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
PR            : Raisa Ayuditha
Translator  : Tahlitha Laela/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.

---