Petitioner Seeks Way to Become MP as an Independent
Image

M. Robby Candra materially challenging the provision on the requirements to become DPR and DPRD members in Law No. 7 of 2017 on General Elections, Thursday, (12/21/2023). Photo by MKRI/Bayu.


JAKARTA (MKRI) — Advocate M. Robby Candra materially challenges the provisions on the requirements to become DPR (House of Representatives) and DPRD (Regional Legislative Council) members in Law No. 7 of 2017 on General Elections. He challenges Article 1 point 27 juncto Article 240 paragraph (1) letter n of the Election Law, which he believes has harmed his constitutional right to become DPR or DPRD members as he does not meet the requirements for either.

“I believe my constitutional rights have been violated by the enforcement of the Law, in which as an individual I cannot apply as a DPR or DPRD candidate,” he said at the preliminary hearing for case No. 167/PUU-XXI/2023 on Thursday, December 21, 2023.

Article 1 number 27 of the Election Law reads, “Election Contestants are political parties that compete as participants in the legislative elections (electing members of the DPR, Provincial DPRD, Regency/City DPRD), individuals that participate in election of DPD members, and candidate tickets proposed by political parties (or a coalition thereof) as presidential/vice-presidential candidates.” Article 240 paragraph (1) reads, “A person registering as a candidate for a member of the DPR, Provincial DPRD, or Regency/City DPRD is an Indonesian citizen who fulfill the following requirements: n. registered as a member of a political party contesting in an election.”

The Petitioner believes the requirement requiring a DPR/DPRD candidate to be political party member participating in election constitutes discrimination against individual Indonesian citizens. Therefore, the he said, the norm is contrary to the constitutional right that every citizen is entitled to equal opportunities in government, which is guaranteed by the 1945 Constitution.

In his petitum, the Petitioner requests the Court to declare Article 1 point 27 juncto Article 240 paragraph (1) letter n of the Election Law unconstitutional.

Justices’ Advice

In response to the petition, Constitutional Justice Wahiduddin Adams stated that if the petition were to be granted with the requested petitum, there would be a norm vacuum related to the definition of election participants. Therefore, he requested the Petitioner to carefully consider the petitum and to strengthen the subject matter.

“There would be a vacuum on who election participants are,” he said.

Meanwhile, Constitutional Justice M. Guntur Hamzah asked the Petitioner to read and analyze Decision No. 67/PUU-XVI/2018 on the same norms. This is important to consider so that the Petitioner’s petition would not be categorized as nebis in idem or articles having been challenged in the Court and this cannot be challenged again unless there are different grounds or reasons.

In addition, Deputy Chief Justice Saldi Isra (panel chair) reminded the Petitioner of Article 22E of the 1945 Constitution, which states that the participants in the general elections to elect members of the DPR and DPRD members are political parties.

“If you request it be invalidated, there is no connection to the Constitution later,” he said. Before concluding the hearing, he added that the Court should receive the revised petition at the latest on January 3, 2024 at 09:00 WIB.

Author       : Mimi Kartika
Editor        : Lulu Anjarsari P.
PR            : M. Halim
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.


Thursday, December 21, 2023 | 13:28 WIB 143