Legal counsel Imam Nasef and Petitioner Aditya Anugrah Moha conveying the revised petition at a judicial review hearing of the Pilkada Law, Wednesday (7/17/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — On Wednesday, July 17, 2024 in one of its panel courtrooms, the Constitutional Court (MK) held another material judicial review hearing of the Pilkada Law petitioned by Aditya Anugrah Moha, a former DPR (House of Representatives) member.

Legal counsel Imam Nasef stated that the petition had been revised following the panel’s advice from the preliminary hearing. The Petitioner’s legal standing had been revised following the advice offered by Constitutional Justice Daniel Yusmic P. Foekh.

“Upon review, the KPU’s count was the same as our count,” he said.

The Petitioner also requests in his provisional petitum so that the Court give the case priority. “We have added more arguments in points 6, 7, and 8 on page 15. Aside from the arguments we put forth before, we argue that even though the registration of candidates for regional heads and deputies only starts on August 27, 2024, political process and consolidation for the registration is being done. This is because the Petitioner intends to run for regional head so, although the registration is only open starting August 27, 2024, he must coordinate and consolidate with a political party or coalition of political parties relating to the nomination of regional heads and deputies. The General Elections Commission Regulation No. 8 of 2024 has been issued, one of which provisions regulate nomination [of the candidates],” Imam explained.

Also read: Ex-Con Questions Political Right to Run in Regional Election

The Petitioner challenges Article 7 paragraph (2) letter g of Law No. 10 of 2016 on the Second Amendment to 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), as has been interpreted by the Constitutional Court Decision No. 56/PUU-XVII/2019. He asserts that the article had restricted his right to run in the election to fight for the collective right to develop the community, nation, and state.

At the preliminary hearing for case No. 54/PUU-XXII/2024, through legal counsel Imam Nasef, he asserted that he has served a prison sentence until October 7, 2021. As such, until October 7, 2026 or five years after, he will not be able to run in the 2024 regional election.

Imam explained that the Petitioner has had political party support to represent them in the 2024 regional election for North Sulawesi. However, the requirement of a five-year grace period after prison sentence based on a court decision that has had legal force has thwarted his intention.

“The Petitioner has served a four-year prison sentence based on the decision of the Central Jakarta District Court dated June 6, 2018. On October 7, 2021 based on a letter by the West Java office of the Ministry of Law and Human Rights first-class Sukamiskin penitentiary, he was released after serving the entirety of his sentence and paying a two-month subsidiary imprisonment for a fine of 150 million rupiahs by February 26, 2020,” said Imam alongside the Petitioner in the plenary courtroom.

After the Court’s reinterpretation, Article 7 paragraph (2) letter g of the Pilkada Law now reads, “Candidates Governor and Candidates for Vice Governor, Candidates for Regent and Vice Regent, and Candidates for Mayor and Vice Mayor, as referred to in paragraph (1) must meet the following requirements: ... g. (i) has never been convicted based on a court decision that has obtained permanent legal force for committing a criminal offense punishable with imprisonment of 5 (five) years or more, except those convicted for criminal negligence and political criminal offenses in the sense of an act declared as a criminal offense in positive law only because the perpetrator has a political view that is different from the regime in power; (ii) for ex-convicts, has passed a period of 5 (five) years after the ex-convict has finished serving a prison sentence based on a court decision that has permanent legal force and has honestly or publicly announced his/her background as an ex-convict; and (iii) is not a repeat offender….”

Author            : Utami Argawati
Editor            : N. Rosi
PR                 : Tiara Agustina
Translators     : 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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