Desy Natalia Kristanty and Marlon S.C. Kansil (Petitioners) and legal counsel Daniel Edward (right) at the preliminary hearing for the material judicial review of Law No. 7 of 2017 on General Elections (Election Law), Wednesday (7/17/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Five citizens have filed a material judicial review petition of Article 416 paragraph (1) of Law No. 7 of 2017 on General Elections (Election Law). They request the Constitutional Court (MK) to add a provision so that the People’s Consultative Assembly (MPR) must inaugurate the president- and vice president-elect no later than three months after they were named by the General Elections Commission (KPU).

“Your Honors may consider to include or add to Article 416 paragraph (1) at least no later than three months to inaugurate the president-elect and by the MPR,” said legal counsel Daniel Edward Tangkau during the preliminary examination hearing of Case No. 65/PUU-XXII/2024, in the plenary courtroom on Wednesday, July 17, 2024.

Those five citizens are Audrey G. Tangkudung, Rudi Andries, Desy Natalia Kristanty, Marlon S. C. Kansil, and Meity Anita Lingkani. Desy, who appeared before the Court in person, said that the president and vice president’s inauguration takes up to eight months from the date the KPU declares them elected. It causes a legal vacuum.

“At this time, we ask the Court to issue a new norm to expedite the inauguration,” she said before Constitutional Justices Asrul Sani (panel chair), Anwar Usman, and Arief Hidayat.

The petition document for this case is two pages long. The Petitioners mentioned several reasons, including national and global economic conditions, global geopolitical and political conditions, and legal certainty.

Article 416 paragraph (1) of the Election Law reads, “The elected Presidential Ticket shall win more than 50% (fifty percent) the total national valid votes in the Presidential Election with the distribution of at least 20% (twenty percent) in more than ½ (half) the total number of provinces in Indonesia.” The Petitioners request that the article be added, “if the elected Presidential and Vice-Presidential Candidates have won more than fifty percent of votes in the first round and been certified by the KPU, the MPR must immediately inaugurate the elected Presidential and Vice-Presidential Candidates no later than three months after their certification by the KPU.”

Justices’ Advice

Justice Arief Hidayat said the petition did not comply with the provisions and could easily be considered vague. He suggested that the Petitioners study the Constitutional Court Regulation (PMK) No. 2 of 2021 on the procedure for judicial review cases. The PMK what must be contained in a petition, such as the Petitioner’s profile and legal standing, the Court’s authority, the petition’s reasons, and the petitum, which contains the matters requested to be decided in the petition.

He explained that the Petitioners should outline the conflict between Article 416 paragraph (1) of the Election Law and the 1945 Constitution. They also have to describe the constitutional losses due to the provision’s enactment in line with the reasons for the acceleration of the elected president’s inauguration to be included in the article.

In addition, the Petitioners have to consider other provisions, for example, Article 7 of the 1945 Constitution, which states that the president and vice president hold office for five years and thereafter can be re-elected in the same position only for one term. This provision is the basis for the president and vice president’s inauguration to be held every October 20 to fulfill the five-year term.

“I show you why the inauguration on October 20 is to fulfill the five-year term; otherwise, this petition violates the Constitution. If the Court decided as you wish, the Court would be violating the Constitution,” he said.

Before closing the hearing, Justice Arsul said the Petitioners could revise the petition for 14 days. The petition must be received by the Court by Tuesday, July 30, 2024 at 14:00 WIB at the latest.

Author              : Mimi Kartika
Editor               : Lulu Anjarsari P.
PR                   : Fauzan Febriyan
Translators       : Putri Ratnasari, Yuniar Widiastuti/Rizky Kurnia Chaesario (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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