The Petitioner’s legal counsel Viktor Santoso Tandiasa delivering the revised petition at a judicial review hearing of Law No. 7 of 2017 concerning General Elections, Monday (11/20/2023). Photo by MKRI/Ifa.

---

JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of Article 169 letter q of Law No. 7 of 2017 on General Elections (Election Law) on Monday, November 20, 2023. Law student of Nahdlatul Ulama Indonesia University (Unusia) Brahma Aryana attended the second hearing to convey the revisions to the petition alongside legal counsel Viktor Santoso Tandiasa.

Tandiasa explained the revisions to petition No. 141/PUU-XXI/2023. These include the Petitioner’s legal standing as an active member of the Indonesian Independent Election Monitoring Committee (KIPP), an explanation regarding serious ethical violations that have been ruled by the Constitutional Court Ethics Council (MKMK) against the reported justices over Decision 90/PUU-XXI/2023, and revision to the Petitioner’s petitum. The Petitioner also provided reaffirmation of the constitutional basis for the validity of Article 169 letter q of the Election Law, as interpreted in Decision 90/PUU-XXI/2023. He also explained his constitutional loss caused by the intervention of state power concerning the phrase in the challenged article.

“Regarding the Petitioner’s petition that Article 1 paragraph (3) of the 1945 Constitution—which essentially states that the judicial power must be independent—there has been a clear violation of the independence of the judicial power, starting from the examination until the pronouncement of the decision of Case No. 90/PUU-XXI/2023.... This is important for the Court to restore its dignity, as the Court’s decisions are the final interpretation of the 1945 Constitution,” said Tandiasa addressing the petition revisions before Chief Justice Suhartoyo and Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah in the plenary courtroom.

In the revised petitum, the Petitioner requests the Court to declare Article 169 letter q of the Election Law reads in full: “at least 40 (forty) years of age or has occupied/is occupying an office elected through the election of heads of regions at the provincial level, i.e. governor and/or vice governor.”

Also read: Petitioner Questions Experience as Governor for Presidential Tickets

In Decision No. 90/PUU-XXI/2023, the Court interprets Article 169 letter q of the Election Law to mean “Requirements that must be fulfilled by a Presidential and Vice-Presidential candidate are as follows: q. at least 40 (forty) years of age or has occupied/is occupying an office elected through a general election, including the election of heads of regions.”

The Petitioner believes that the article has caused legal uncertainty regarding the position level referred to. He asserted that it has raised a question whether the article refers to heads of regions at the provincial, or regency/city levels and whether it is of the members of the DPR (House of Representatives), DPRD (Regional Legislative Council), or DPD (Regional Representatives Council). These possible interpretations have raised a question on the legitimacy of the verdict on the phrase that has been interpreted by the Constitutional Court. Simply put, through this petition, the Petitioner wishes only governors who are not yet 40 years old be able to run as presidential and vice-presidential candidates.

“The interpretation stipulated in the binding verdict (Decision No. 90/PUU-XXI/2023) replacing the provision of Article 169 letter q of Law No. 7 of 2017 has created an opportunity for every citizen who are at least 21 years of age to register as presidential and vice-presidential candidates as long as they occupy positions elected through general elections including regional head elections. This can certainly risk the fate of the continuity of the state of Indonesia, which has a very large territory and population... thus requires experienced state leaders and mental stability and maturity in leading,” Tandiasa explained before Constitutional Justices Suhartoyo, Daniel Yusmic P. Foekh, and M. Guntur Hamzah.

For those reasons, the Petitioner requests the Court to declare the phrase “elected through a general election, including the election of heads of regions” in Article 169 letter q of the Election Law as interpreted in Decision No. 90/PUU-XXI/2023 unconstitutional if not interpreted as “elected through the election of heads of regions at the provincial level” and that it should read in full, “at least 40 (forty) years of age or has occupied/is occupying an office elected through the election of heads of regions at the provincial level.” 

Author       : Sri Pujianti
Editor        : Nur R.
PR            : Raisa Ayuditha
Translator  : Najwa Afifah Lukman/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.

---