Batam International University law student Otniel Raja Maruli Sitomurang challenging Law No. 7 of 2017 on Elections, Tuesday (2/13/2024). Photo by MKRI/Fauzan.

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JAKARTA (MKRI) — The provision banning political parties from accepting compensation in the nomination of presidential tickets has been materially challenged in the Constitutional Court (MK). Otniel Raja Maruli Sitomurang, a law student of the Batam International University, challenges Article 228 paragraphs (1), (2), (3), and (4) of Law No. 7 of 2017 on General Elections (Election Law). The preliminary hearing for case No. 18/PUU-XXII/2024 took place in one of the Court’s panel courtrooms on Tuesday, February 13, 2024.

The a quo article reads, “(1) A political party is prohibited from receiving any form of compensation when it comes to nominating a presidential candidate ticket. (2) In the case where a political party is proven to have received compensation as mentioned in paragraph (1), that political party shall be banned from nominating any candidates in the next election. (3) A political party proven to have received compensation as mentioned in paragraph (2) shall be proven as such by a verdict of a court with permanent legal power. (4) Any individual or institution are prohibited from receiving any form of compensation when it comes to nominating a presidential candidate ticket.”

Legal counsel Albert Ola Masan Setiawan Muda said the article expressly prohibits political parties from receiving any form of compensation in the nomination of presidential tickets. If proven by a verdict of a court with permanent legal power that they have committed such action, which leads to legal uncertainty, including for the Petitioner, it is banned from nominating any candidates in the next election. However, Articles 226 and 229 set up requirements for political parties and coalition thereof, while Article 228 does not mention anything about party coalition. The Petitioner alleges that it is not in line with other articles.

“Based on that elaboration, the Petitioner requests that the constitutional justices declare Article 228 paragraphs (1), (2), (3), and (4) of Law No. 7 of 2017 on General Elections unconstitutional and not legally binding if not interpreted ‘A political party or a Coalition of Political Parties is prohibited from receiving any form of compensation when it comes to nominating a presidential candidate ticket,’” Albert said before Constitutional Justices Enny Nurbaningsih, Daniel Yusmic P. Foekh, and M. Guntur Hamzah.

Justices’ Advice

Constitutional Justice M. Guntur Hamzah asked the Petitioner, “What is the connection between a citizen’s loss as a voter and political party coalitions that are free from compensation in the nomination of presidential and vice-presidential candidates? Please pay attention to the substance so that the posita is consistent.”

Meanwhile, Constitutional Justice Enny Nurbaningsih stressed that the Petitioner needs to understand that political parties receive funding for campaign activities. This has been regulated in articles on party funding.

“The Petitioner might need to elaborate the guarantee of legal protection without mentioning political party coalitions (that receive compensation). Please elaborate your legal standing following the condition relating to [constitutional impairment and the norm’s contradiction to election principles and the 1945 Constitution,” she advised.

Before adjourning the hearing, Justice Enny informed the Petitioner that he would have 14 days to revise the petition and submit it to the Registrar’s Office by Monday, February 26, 2024 at 09:00 WIB. 

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Tiara Agustina
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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