Legal counsel Risky Kurniawan attending the petition revision hearing of the material judicial review of the Political Party Law virtually, Monday (2/26/2024). Photo by MKRI/Ifa.

---

JAKARTA (MKRI) — Another material judicial review hearing of Law No. 2 of 2008 on Political Parties as amended by Law No. 2 of 2011 on the Amendment to Law No. 2 of 2008 on Political Parties was held by the Constitutional Court (MK) on Monday, February 26, 2024. The case No. 15/PUU-XXII/2024 was petitioned by Teja Maulana Hakim, a university student.

Before Deputy Chief Justice Saldi Isra and the other constitutional justices, legal counsel Risky Kurniawan explained the revisions following the justices’ advice from the previous hearing. “The [elaboration of] legal standing and background of petition have been revised. The object being reviewed is added with Article 40 paragraph (2) letter b. Article 28J paragraphs (1) and (2) is added as touchstone, while Article 1 paragraph (2) of the 1945 Constitution has been removed,” he explained.

Also read: University Student Challenges Provision on Political Party’s Temporary Suspension

The Petitioner challenges Article 48 paragraphs (2) and (3) of the Party Law, which reads, “(2) Any violation of the provisions referred to in Article 40 paragraph (2) shall be subject to administrative sanctions in the form of temporary suspension of the Political Party concerned in accordance with its level by the district court for a maximum of 1 (one) year. (3) Political Parties that have been temporarily suspended as referred to in paragraph (2) and commits another violation to the provisions referred to in Article 40 paragraph (2) shall be dissolved by a decision of the Constitutional Court.”

The Petitioner reasons that political party disbandment through the Constitutional Court is limited. He also believes that Article 40 paragraph (2) of the Party Law does not explicitly mention party disbandment due to members who commit criminal acts of corruption while in public office. He also asserts that the word “and” in “Political Parties shall be prohibited from: a. conducting activities that are contrary to the 1945 Constitution and statutory laws and regulations; or” in Article 40 paragraph (2) of the Party Law has created issues, so the word “or” should be used instead. He believes the word “and” in the a quo norms is more appropriate to use for the petition for the disbandment, not temporary suspension, of political parties.

Therefore, in the petitum, the Petitioner requests that the Court declare 48 paragraph (2) of the Party Law unconstitutional and not legally binding while 48 paragraph (3) conditionally unconstitutional if not interpreted as “Political Parties that have committed violations of the provisions as referred to in Article 40 paragraph (2) shall be disbanded with a decision by the Constitutional Court.”

Author       : Utami Argawati
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.

---