Panel of justices entering the courtroom for the judicial review of the Constitutional Court Law to examine the revisions to the petition, Tuesday (2/27/2024). Photo by MKRI/Ilham W.M.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another for case No. 16/PUU-XXII/2024 by Albert Ola Masan Setiawan Muda, a student of the Batam International University. The petition revision (second) judicial review hearing of Article 68 paragraph (1) of Law No. 24 of 2003 on the Constitutional Court as amended by Law No. 7 of 2020 on the Third Amendment to Law No. 24 of 2003 took place on Tuesday, February 27, 2024 with Chief Justice Suhartoyo (chair) and Constitutional Justices Daniel Yusmic P. Foekh and Ridwan Mansyur presiding.

Legal counsel Risky Kurniawan said virtually that the elaboration of the Court’s authority over the petition on the disbandment of political parties had been revised.

“So, in the petitum, the Petitioner requests that the Court declare Article 68 paragraph (1) of the Constitutional Court Law unconstitutional and not legally binding if not interpreted as ‘The petitioner shall be the Government or any individual Indonesian citizen,” said legal counsel Otniel Raja Maruli Situmorang.

Also read: Petitioner Questions Why Only Govt Can Petition to Disband Political Parties

On Monday, February 12, the Court held the preliminary hearing for the case. The Petitioner challenges Article 68 paragraph (1) of the Constitutional Court Law, which reads, “The petitioner shall be the Government.” The Petitioner believes it to be unconstitutional.

Through legal counsel Risky Kurniawan, the Petitioner alleged that political parties play an important role and have a crucial position in the democratic system. They also serve as a highly strategic hub between government processes and the citizens. Pursuant to Article 29 of the Political Party Law, any individual citizens must be recruited by political parties in order to run as presidential and vice-presidential candidates in the election, which is the manifestation of the right to vote and whose implementation must be honest, fair, and democratic.

The Petitioner alleges that restricting citizens from being able to dissolve political parties and allowing the government to do so imply abuse of power, where certain individuals or corporations could benefit from. Thus, it could potentially violate Article (1) paragraph (2) of the 1945 Constitution. For that reason, the Petitioner requests that citizens can petition for the dissolution of political parties that are involved in corruption.

He requests that the Court declare Article 68 paragraph (1) of the Constitutional Court Law unconstitutional and not legally binding if not interpreted as “The petitioner shall be the Government or individual Indonesian citizens.”

Author       : Sri Pujianti
Editor        : Nur R.
PR            : Fauzan F.
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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