Stefanie Gloria and Sandy Yudha Pratama Hulu (left to right) at a preliminary hearing of the material judicial review of the Law No. 1 of 2015 on Regional Elections, Friday (7/12/2024). Photo by MKRI/Ifa.
JAKARTA (MKRI) — Two university students challenge Article 69 letter i of Law No. 1 of 2015 on the Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors into Law (Pilkada Law) against Article 22E paragraph (1), Article 28C paragraph (1), and Article 28D paragraph (1) of the 1945 Constitution. The preliminary hearing for case No. 69/PUU-XXII/2024 took place on Friday, July 12, 2024 in the plenary courtroom.
Article 69 letter i of Law No. 1 of 2015 reads, “In an Electoral Campaign, it is prohibited: i. to use places of worship and Educational Institutions.”
Sandy Yudha Pratama Hulu (Petitioner I) feels that the article has restricted him from hearing and critically examining the ideas of prospective regional leaders at his educational institution. Meanwhile, Stefanie Gloria (Petitioner II) feels disadvantaged by the article because of the potential closure of information of the ideas of prospective leaders in academic dialogues, which affects her choice as a novice voter in the 2024 regional election.
Before Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices M. Guntur Hamzah and Asrul Sani, Sandy stated that in the 2024 general election, presidential tickets and legislative candidates had participated in public discussions, academic forums, and debates. “Those events even received special attention from campus administrators and students,” he said.
He argued that if the provision applies for the 2024 simultaneous regional election, the Petitioners’ constitutional rights would be harmed as they cannot evaluate the candidates’ visions, missions, and ideas in depth, critically, and academically at their universities.
He added that, for that reason, Article 69 letter i of Law No. 1 of 2015 is against 28C paragraph (1) of the 1945 Constitution since it would restrict academics, including students, from developing their knowledge by evaluating the candidates at their universities.
The Petitioners would also lose one of the best ways of determining their choices in the upcoming regional election, i.e. direct assessment through academic forums.
They also argued that the provision is against legal certainty as put forth in 28D paragraph (1) of the 1945 Constitution, since based on legal developments and on the Court’s interpretation that the general elections and regional elections are under the same category, permission for electoral campaigns in higher education institutions must apply for both the general and regional elections.
“As such, it can be concluded that the provision of Article 69 letter i of the Pilkada Law has led legal uncertainty in the regulation of provisions on general and regional elections,” Sandy said.
Therefore, the Petitioners request that the Court declare the phrase “educational institutions” in Article 69 letter i of the Pilkada Law unconstitutional and not legally binding if not interpreted as “except for higher education institutions or similar designations as long as permission has been obtained from the manager of the site in question and no campaign attributes are shown.”
Justices’ Advice
In response, Constitutional Justice Asrul Sani advised the Petitioners to add the Constitutional Court Regulation (PMK) No. 2 of 2021 on procedural law for judicial review cases. “It can be added briefly, although [the petition] is clear enough,” he said.
Meanwhile, Deputy Chief Justice Saldi Isra highlighted that the petition is sufficient but advised that the Constitutional Court Law be quoted in the elaboration of the Court’s authority.
Before concluding the hearing, Deputy Chief Justice Saldi Isra announced that the Petitioners would have 14 days to revise the petition and they are to submit it by Thursday, July 25, 2024 at 09:00.
Author : Utami Argawati
Editor : N. Rosi
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.
Friday, July 12, 2024 | 14:52 WIB 105