Yunus Nuryanto (Petitioner) challenging the provisions barring individuals from running as president/vice president, Tuesday (10/24/2023). Photo by MKRI.

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JAKARTA (MKRI) — Yunus Nuryanto, a laborer wishing to run for a presidential or vice-presidential candidate without political party endorsement, has filed a judicial review petition to the Constitutional Court (MK) to challenged Article 6A paragraph (2) of the 1945 Constitution and Article 1 paragraph (17) of KPU Regulation No. 22 of 2018 on the nomination of candidates in the presidential election. The preliminary hearing for case No. 136/PUU-XXI/2023 was held on Tuesday, October 24, 2023 in the plenary courtroom, presided over by Constitutional Justices Arief Hidayat, Daniel Yusmic P. Foekh, and Suhartoyo.

In his petitum, the Petitioner argued against the regulation on presidential and vice-presidential candidates proposed by a political party or a coalition of political parties. He believes it to be contrary to the constitutional rights of citizens. “Due to those articles, people cannot register themselves as presidential or vice-presidential candidates,” he said.

He shared that he had dreamed of becoming a president for a long time. For this reason, he traveled from Yogyakarta to Jakarta to seek the support of political parties in order to be nominated. However, he found it difficult to meet the chairpersons of political parties to obtain support. He tried to meet presidential tickets who had been nominated by political parties or party coalitions, but he failed to do so. He found it difficult to meet them. He found information on the internet that he could file a judicial review petition of a law or a government regulation in lieu of law to the Constitutional Court, hoping to be able to register as a presidential candidate.

“I appeal the Constitutional Court to add to the Constitution so that I can register as a presidential or vice-presidential candidate. The supplement is that Constitution Chapter III Article 6A paragraph (2) reads, ‘Candidates for President and Vice President shall be proposed by individuals prior to the general election,’” said the Petitioner reading out his petitum.

Justices’ Advice

Responding to this petition, Constitutional Justice Daniel Yusmic P. Foekh suggested revisions to the format of the petition.

“Take a look at previous petitions and or the decisions of the Constitutional Court so that you can see examples of good petitions. If you challenge Article 6A paragraph (2) of the 1945 Constitution, it is not within the authority of the Constitutional Court. Your past intention to go to the MPR was right…. Later, please read Article 10 of the Constitutional Court Regulation, in relation to judicial review and the appendices needed in relation to this petition,” he said.

Meanwhile, Constitutional Justice Suhartoyo explained the probability of this petition being granted. Even if this petition was revised, the Constitution of Indonesia does not allow individuals to run for presidential candidates. They must be nominated by a political party or a coalition of political parties.

“There is no mechanism to run in an election independently. So, if you want to fight for it in the Constitutional Court, as explained by Justice Foekh, by challenging a KPU regulation and Article 6 of the Constitution, it is not under the authority of the Constitutional Court. Article 222 [of the Election Law] stipulates the nomination procedure, but it requires nomination by a political party or a coalition of political parties and there is even a percentage threshold. One must meet the threshold in the DPR and national votes. The requirements are very strict and they bar individuals. Therefore, for individuals to be able to be nominated as president and vice president, the Constitution must be amended. Indeed, it was appropriate that you went to the DPR and MPR to change this,” he explained.

Meanwhile, Constitutional Justice Arief Hidayat gave a book of the Constitutional Court Regulation (PMK) on how to submit a petition. “Please study it in case you need to challenge a law against the Constitution. However, as explained by the other justices, it is definitely not possible because Article 6 of the Constitution stipulates that presidential tickets must be nominated by a political party or a coalition of parties,” he said.

After listening to the advice of the constitutional court justices, the Petitioner finally decided to withdraw his petition and confirmed it to Constitutional Justice Arief.

“At this hearing, the Petitioner has stated that the case No. 136/PUU-XXI/2023 filed by Yunus Nuryanto has been withdrawn,” Justice Arief added, followed by the Petitioner’s approval. (*)

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.

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