The Petitioners at a judicial review hearing of the Election Law on the president and vice president’s right to campaign, Monday (7/22/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Petitioners who question the provisions on the president and vice president’s right to conduct election campaign as stipulated in Article 281 paragraph (1) and Article 299 paragraph (1) of Law No. 7 of 2017 on General Elections (Election Law) have revised their petition. In the petition, the Petitioners of case No. 55/PUU-XXII/2024 assert that the incumbent’s right to campaign should only be limited to themselves.

“The president and vice president have the right to campaign on the condition of being an incumbent and campaigning for themselves,” said Risard Nur Fiqral (Petitioner IV) before Chief Justice Suhartoyo, Deputy Chief Justice Saldi Isra, and Constitutional Justice Daniel Yusmic P. Foekh on Monday, July 22, 2024 in the plenary courtroom.

In their petitum, the Petitioners request that the Court declare Article 281 paragraph (1) and Article 299 paragraph (1) of the Election Law conditionally unconstitutional if not interpreted as follows:

Article 281 paragraph (1): “An electoral campaign involving a president, vice president, minister, governor, vice governor, regent, vice regent, mayor, and vice mayor must fulfill the following provisions: a. not using any state facilities awarded to that position, except for security details for a state official in accordance with provisions of applicable law; b. on unpaid leave, therefore temporarily not receiving payment under state budget; and c. the president and/or vice president must be an incumbent who campaign for themselves.”

Article 299 paragraph (1): “A president or a vice president shall have the right to campaign as an incumbent and for themselves.”

A president and/or vice president’s involvement in election campaign has caused unrest as happened in the 2024 election and even led to serious polemics. It was also an important issue in the dispute over the general election results (PHPU) in the Constitutional Court. The Petitioners hope that if this petition is granted, the problem will not occur again in the next elections.

They believe it is unethical for a president and/or vice president to campaign and/or show support for certain presidential tickets, as it leads to legal uncertainty and inequality before the law, which are mandated by the Constitution.

Also read: President’s Right to Campaign Revisited

The petition for case No. 55/PUU-XXII/2024 was filed by La Ode Nofal, Arimansa Eko Putra, La Ode Arukun, and Risard Nur Fiqral (Petitioners I-IV).

Article 281 paragraph (1) reads, “An electoral campaign involving a President, Vice President….” Article 299 paragraph (1) reads, “A president or a vice president shall have the right to campaign.”

They assert that the incumbent’s right to campaign should only be limited to themselves, as the Constitution has granted incumbent president/vice president to take office twice.

As such, the Petitioners assert, the challenged provisions allow a one-term president/vice president to seek reelection and to campaign for it. However, when no longer in office, it is unethical for them to campaign or show support for certain presidential tickets, which clearly violates the guarantee of constitutional rights. 

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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