Chief Justice Suhartoyo reading the verdict of the judicial review of the provision on the disbandment political parties, Wednesday (3/20/2024). Photo by MKRI/Ifa.

---

JAKARTA (MKRI) — The Constitutional Court (MK) dismissed a judicial review petition on the disbandment of political parties, filed by Albert Ola Masan Setiawan Muda, a student of the Batam International University (UIB). The ruling hearing for Decision No. 16/PUU-XXII/2024 on 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 on the Constitutional Court took place on Wednesday, March 20, 2024.

Reading the Court’s legal considerations, Constitutional Justice Daniel Yusmic P. Foekh stated that the key issue that the Petitioner challenged was the lack of opportunity for citizens to file for the dissolution of political parties, which is regulated in Article 68 paragraph (1) of the Constitutional Court Law. The Court had already considered this in Decision No. 53/PUU-IX/2011, pronounced January 3, 2013. It was of the opinion that the word “Government” in the article provides a limitation of legal subjects who can file for the disbandment of political parties, while the elucidation to the article clarifies that the “Government” means the “Central Government.”

That said, the article cannot be reinterpreted to add “Indonesian citizens and legal entities.” Any amendment to the legal subject in question is the jurisdiction of the legislatures.

“After considering this matter, the Court is of the opinion that the Petitioner’s petition is legally groundless and the provision of Article 68 paragraph (1) of the Constitutional Court Law does not lead to legal uncertainty as claimed by the Petitioner,” said Justice Foekh delivering the Court’s legal opinion.

Also read:

Petitioner Questions Why Only Govt Can Petition to Disband Political Parties

UIB Student Affirm Court’s Authority Over Party Disbandment

On Monday, February 12, the Court held the preliminary hearing for the case. The Petitioner challenged Article 68 paragraph (1) of the Constitutional Court Law, which reads, “The petitioner shall be the Government.” The Petitioner believed 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 alleged 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, he requested that citizens be allowed to petition for the dissolution of political parties that are involved in corruption.

He requested 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            : 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.

---