A ruling hearing for the withdrawal of a judicial review petition of Law No. 7 of 2017 on General Elections, Tuesday (1/16/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) approved the withdrawal of petition by Saiful Salim for case No. 160/PUU-XXI/2023, which challenged Article 169 letter q of Law No. 7 of 2017 on General Elections (Election Law) as interpreted in Decision No. 90/PUU-XXI/2023. The ruling hearing took place on Tuesday, January 16, 2024 in plenary courtroom, with Chief Justice Suhartoyo, Deputy Chief Justice Saldi Isra, and the other seven constitutional justices presiding.

Chief Justice Suhartoyo said that at the panel preliminary hearing on December 19, 2023, the Petitioner’s legal counsel conveyed the intention to withdraw the petition. Based on Article 35 paragraphs (1) and (2) of the Constitutional Court Law, the justices had deliberated on January 8 and decided that the withdrawal request was legally warranted.

“[The Court] stipulates, grants the withdrawal of the Petitioner’s petition; declares the petition in case No. 160/PUU-XXI/2023 on the judicial review of Law No. 7 of 2016 on General Elections against the 1945 Constitution withdrawn; declares the Petitioner unable to re-file the petition; orders the Chief Registrar of the Constitutional Court to record the petition withdrawal in the electronic constitutional case registration book and return the copies of the petition to the Petitioner,” said Chief Justice Suhartoyo delivering the Court’s decree.

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At the preliminary hearing on Tuesday, December 19, 2023, through legal counsel Eliada Hulu, the Petitioner alleged that the newly-interpreted article had caused legal uncertainty and was contrary to Article 1 paragraph (3) and Article 28D paragraph (1) of 1945 Constitution. He claimed that the article had a broad interpretation because it had not provided a rigid meaning that can be interpreted that elections are not only the election of provincial and or regency/city regional heads but also the election of members of the House of Representatives (DPR), Regional Representatives Council (DPD), and Regional Legislative Council (DPRD). Therefore, in his petitum, he requested the Court to declare Article 169 letter q of the Election Law as interpreted in Decision No. 90/PUU-XXI/2023 unconstitutional if not interpreted as “at least 40 (forty) years of age or has served/is serving as governors elected through general election.”

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Raisa Ayuditha
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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