Deputy Chief Justice Saldi Isra delivering the Court’s legal considerations at the ruling hearing of the judicial review of Law No. 24 of 2003 on the Constitutional Court, Wednesday (3/20/2024). Photo by MKRI/Ifa.
JAKARTA (MKRI) — The Constitutional Court (MK) rejected the entire material judicial review petition of a provision that stipulates that only the Government can file a petition requesting the disbandment of political parties in Article 68 paragraph (1) of Law No. 24 of 2003 on the Constitutional Court. The ruling hearing for the petition filed by Risky Kurniawan, a Batam International University student, took place on Wednesday, March 20, 2024 in the plenary courtroom.
Delivering the Court’s legal considerations, Deputy Chief Justice Saldi Isra said that the unconstitutionality of Article 68 paragraph (1) of the Constitutional Court Law had been answered and emphasized by the Court in Decisions No. 53/PUU-IX/2011 and No. 16/PUU-XXII/2024. Therefore, the legal considerations for those decisions apply mutatis mutandis on this case, so the a quo norm does not conflict with the right to fair legal certainty and the right to participate in state defense efforts. Thus, Justice Saldi continued, the Petitioner’s argument was not legally justified.
“[The Court] adjudicated; rejects the Petitioner’s petition in its entirety,” said Chief Justice Suhartoyo delivering the verdict of Decision No. 17/PUU-XXII/2024.
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At the preliminary hearing on Tuesday, February 13, the Petitioner stated that the a quo article could potentially harm the Petitioner’s constitutional right as to defend the state pursuant to Article 9 of Law No. 3 of 2002 on State Defense, he wished for political parties that had allegedly been involved in corruption to be disbanded. The Petitioner believed it is insufficient that the authority to disband corrupt political parties be granted only to the Government. Individual citizens, he argued, should be granted such authority.
Therefore, the Petitioner appealed to the Court to declare Article 68 paragraph (1) of Law No. 24 of 2003 on the Constitutional Court unconstitutional and not legally binding if not interpreted as “The Petitioner shall be the Government or Individual Indonesian Citizens.”
Author : Sri Pujianti
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.
Wednesday, March 20, 2024 | 22:40 WIB 170