Legal counsel Mohammad Sonhaji Akbar at the preliminary hearing of the material judicial review of the Election Law for case No. 58/PUU-XXII/2024, Thursday (7/11/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — Abdul Basir, a DPRD (Regional Legislative Council) candidate of Tegal City in the 2024 election, has filed a material judicial review petition of Article 415 paragraph (3) of Law No. 7 of 2017 on General Elections (Election Law) on the seat-counting method for the provincial and regency/city DPRD election.

Article 415 paragraph (3) of Law of the Election Law reads, “In allocating seats for Provincial DPRD and Regency/City DPRD members, the valid votes collected by every contesting political party shall be divided by the electoral divisor number 1, followed by other odd numbers in order, which are 3, 5, 7, and so on.”

The Petitioner earned 2,186 valid votes in the electoral district of Tegal City 1, or the second highest votes within PKB (National Awakening Party). However, PKB only earned one vote based on the method stipulated in the a quo article out of the nine seats in said electoral district.

Therefore, the Petitioner failed to get a seat. He feels his constitutional right to be elected as a legislative candidate was harmed as candidates of other parties with fewer votes earned received a seat in the Tegal City DPRD based on that provision.

“It is not fair to the Petitioner, Dr. Abdul Basir, who earned more votes,” said legal counsel Mohammad Sonhaji Akbar before Deputy Chief Justice Saldi Isra and Constitutional Justices Daniel Yusmic P. Foekh and Asrul Sani at the preliminary hearing for case No. 58/PUU-XXII/2024 on Thursday, July 11, 2024 in the plenary courtroom.

The Petitioner asserted that the article is contrary to the principle of popular sovereignty as stated in Article 1 paragraph (2) of the 1945, which should be implemented through general elections where elected candidates are determined based on the most votes, not based on party votes divided by odd numbers, or the Sainte-Laguë method.

In the petitum, the Petitioner asks the Court to declare Article 415 paragraph (3) of the Election Law contrary to Article 1 paragraph (2), Article 28D paragraphs (1) and (3), Article 28H paragraph (2), Article 28I paragraph (2), Article 1 paragraph (3), Article 6A paragraphs (3) and (4), Article 7B paragraphs (3) and (7), and Article 37 paragraph (4) of the 1945 Constitution and has no binding legal force in relation to the election of legislative candidates in 2024. 

Justices’ Advice

Justice Arsul stated that based on the 1945 Constitution, participants in the election are political parties, so those earning seats are the parties, not their legislative candidates. He asserted that regardless of the method used to count seats, the seats belong to the political parties, not individuals. He also emphasized that the legislative election in Indonesia has never been based on the highest votes for individuals, but those for election contestants, which are political parties.

“The legislative candidates also factor in, and can even be the dominating factor that determine whether the party obtains seats or not. There are voters who choose the parties, not the candidates,” he explained.

Meanwhile, Deputy Chief Justice Saldi Isra (panel chair) advised the Petitioner to explain his constitutional impairment as a city DPRD candidate since the participants in the DPR and provincial and regency/city DPRD election are political parties. Before adjourning the session, he announced that the Petitioner would have 14 days to revise the petition and submit it by July 24 at 14:00 WIB. He added that the Petitioner could retract the petition should he not wish to continue.

Author            : Mimi Kartika
Editor            : N. Rosi
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.

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