The ruling hearing for the judicial review of Law No. 7 of 2011 on General Elections, Thursday (3/21/2024). Photo by MKRI/Teguh.

---

JAKARTA (MKRI) — The Constitutional Court (MK) rejected the material judicial review petition of Article 14 letter c of Law No. 7 of 2017 on General Elections (Election Law) filed by father and son Fathul Hadie Utsman and A.D. Afkar Rara. The Court holds that the inclusion of the names of candidates in the ballot as regulated in the article is constitutional.

“[The Court] rejects the Petitioner’s petition for the rest and remainder,” said Chief Justice Suhartoyo delivering the verdict at the ruling hearing of Decision No. 21/PUU-XXII/2024 on Thursday, March 21, 2024 in the plenary courtroom.

In its legal considerations, the Court emphasized that the formulation of Article 14 letter c of the Election Law is general and open to all matters relating to information of the implementation of election for the public. If the Court interpret it following the Petitioners’ wish, it would no longer general and open. The Petitioners’ interpretation could potentially narrow the General Elections Commission’s (KPU) obligation in organizing elections.

“The interpretation of the norm as petitioned would limit the KPU’s obligations to matters that are regulated beyond what is determined in the interpretation. This means that following the Petitioners’ wishes would be contrary to the right of voters or citizens to obtain information related to the organization of elections,” said Deputy Chief Justice Saldi Isra delivering the legal considerations.

The Petitioners not only challenged Article 14 letter c but also Article 342 paragraph (2) of the Election Law. Justice Saldi explained that their wish for the phrase “and name” in the norm contradicted the Constitutional Court Decision No. 114/PUU-XX/2022. The legislatures’ open legal policy has been declared constitutional by the Court. Thus, eliminating the names of candidates from the ballot would be against the open-list proportional election system.

Meanwhile, the Petitioners’ petitums relating to Article 414 paragraph (1), Article 415 paragraphs (1) and (2), Article 419, and Article 420 letters b, c, and d of the Election Law were declared inadmissible. Justice Saldi said that Article 414 paragraph (1) had been challenged and considered in Decision No. 116/PUU-XXI/2023. As such, substantially, it has a new interpretation. Although the wording is the same, it is no longer the same as the Petitioners mentioned in the petition. Therefore, the Petitioners’ petitums that the article be declared conditionally constitutional had lost its object.

Article 415 paragraphs (1) and (2), Article 419, and Article 420 of the Election Law cannot be separated and are the elaboration of Article 414 paragraph (1). When Article 414 paragraph (1) has been reinterpreted, the legal considerations of Decision No. 116/PUU-XXI/2023 apply mutatis mutandis in considering the constitutionality of Article 415 paragraphs (1) and (2), Article 419, and Article 420 of the Election Law. As such, the Petitioners’ petitums relating to these articles had also lost their object.

Also read:

Father-Son Challenge Election Law

Father-Son Revise Petition Against Election Law

Father and son Fathul Hadie Utsman and A.D. Afkar Rara challenged Article 14 letter c, Article 342 paragraph (2), Article 414 paragraph (1), Article 415 paragraph (2), Article 419, and Article 420 letters b, c, and d of the Election Law. They requested that the Court declare those articles unconstitutional and not legally binding. They also presented new interpretation on those norms.

They wish that Article 14 letter c be interpreted to require the General Elections Commission (KPU) to disseminate all information on the legislative candidates—at least their names—to the public through the press and social media, and even door-to-door. They alleged that they had not received sufficient information on the parties’ visions and missions as well as the legislative candidates’ profiles despite Article 14 letter c requiring the KPU to disseminate all information on the implementation of the election to the public. They alleged that their right to such information was unfulfilled.

Author       : Mimi Kartika
Editor        : Nur R.
PR            : Raisa Ayuditha Marsaulina
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.

---