M. Robby Candra conveying the material judicial review petition of Article 1 point 27 juncto Article 240 paragraph (1) letter n of the Election Law, Monday (1/22/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — Advocate M. Robby Candra has been trying to run for a seat in the DPR (House of Representatives) or DPRD (Regional Legislative Council) as an independent candidate by petitioning Article 1 point 27 juncto Article 240 paragraph (1) letter n of Law No. 7 of 2017 on General Elections to the Constitutional Court (MK). He presented the revisions to his petition at a hearing on Monday, January 22, 2024 in the plenary courtroom.

“I aspire to become a DPR or DPRD member in the upcoming election,” he said before Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices M. Guntur Hamzah and Arsul Sani.

Nevertheless, until the case No. 167/PUU-XXI/2023 was filed to the Court, the Petitioner had not tried registering for the legislative election as a party member. He insisted on being an independent candidate. He felt the norms being petitioned had harmed his constitutional rights as he could not be a legislative candidate because he did not meet the requirement of party membership.

Article 1 number 27 of the Election Law reads, “Election Contestants shall be 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) letter n reads, “A person registering as a candidate for a member of the DPR, Provincial DPRD, or Regency/City DPRD shall be an Indonesian citizen who fulfill the following requirements: n. registered as a member of a political party contesting in an election.”

The Petitioner uses Article 28D paragraph (3) of the 1945 Constitution as touchstone. He 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 Constitution.

Also read: Petitioner Seeks Way to Become MP as an Independent

In his petitum, the Petitioner requests the Court to declare Article 1 point 27 of the Election Law unconstitutional and not legally binding if interpreted as “Election Contestants are political parties and individuals 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.” He also asked the Court to declare Article 240 paragraph (1) letter n unconstitutional and not legally binding if interpreted as, “A person registering as a candidate for a member of the DPR, Provincial DPRD, or Regency/City DPRD shall be an Indonesian citizen who fulfill the following requirements: n. registered as a member of a political party contesting in an election or an independent.”

Deputy Chief Justice Saldi Isra said the petition would be brought to the justice deliberation meeting (RPH), which shall be attended by at least seven constitutional justices. The meeting will decide whether or not the case continues to evidentiary hearings or be ruled without them.

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