Viktor Santoso Tandiasa (third from left) with Petitioners Fauzi Muhamad Azhar and Aditya Ramadhan Harahap at the preliminary hearing of the judicial review of the Pilkada Law, Monday (7/29/2024). Photo by MKRI/Bayu.
JAKARTA (MKRI) — Two law students of Sahid University Jakarta, Fauzi Muhamad Azhar and Aditya Ramadhan Harahap, have filed a judicial review petition of Article 70 paragraph (1) letter b of Law No. 10 of 2016 on Regional Elections (Pilkada Law). The Petitioners of case No. 82/PUU-XXII/2024 question the absence of restriction against president/vice president, ministers/deputy ministers, and heads of state bodies/agencies in regional election campaign in that provision.
“The provision of the a quo norm only prohibits state civil apparatuses, members of the State Police of the Republic of Indonesia, and members of the Indonesian National Army from being involved in electoral campaign. However, president/vice president, ministers/deputy ministers, and heads of state bodies/agencies do not face such a restriction,” said legal counsel Viktor Santoso Tandiasa at the preliminary hearing on Monday, July 29, 2024.
Article 70 paragraph (1) letter b of the Pilkada Law reads, “In a campaign, the Candidate Pair shall be prohibited from involving: b. State Civil Apparatuses, members of the State Police of the Republic of Indonesia, and members of the Indonesian National Army.” The Petitioners argue that the lack of restriction against president/vice president, ministers/deputy ministers, and heads of state bodies/agencies in the norm has harmed them in voting in the regional election.
They argue that candidates for regional heads would not be able to compete fairly if any of the candidates receive support from and are endorsed by those state officials. They believe Article 70 paragraph (1) letter b of the Pilkada Law has violated Article 1 paragraph (3), Article 22E paragraph (1), and Article 28D paragraph (1) of the 1945 Constitution.
In addition, although Indonesia is a rule of law, for substantial democracy to exist, there must be a rule of ethic. The Petitioners mentioned that Prof. Jimly Asshiddiqie (first chief constitutional justice) and Constitutional Justice Arief Hidayat believe that the implementation rule of law and the rule of ethic in the nation and the state must be in balance.
If state administrators such as the aforementioned state officials are involved in the regional election, there will be many issues. Aside from unfairness to the other candidates, such a practice is subject to abuse of power.
“In the 2024 general election not too long ago, there were many ethical violations by leaders of state institutions, which led to diminished authority of the state in the eye of Indonesian and also international communities,” Tandiasa said.
In their petitum, the Petitioners request that the Court interpret the a quo norm as: “In a campaign, the Candidate Pair shall be prohibited from involving: b. the President/Vice President, ministers/deputy ministers, and heads of State Bodies/Agencies, State Civil Apparatuses, members of the State Police of the Republic of Indonesia, and members of the Indonesian National Army.”
Justices’ Advice
Chief Justice Suhartoyo and Constitutional Justices M. Guntur Hamzah and Ridwan Mansyur presided over this hearing. Justice Ridwan said that those who are directly potentially impacted by the provision are candidates for regional heads. He urged them to explain their potential constitutional impairment and the causality between the norm and their constitutional impairment.
“You have not explained specific or potential constitutional loss the Petitioners have suffered due to the enforcement of the a quo article petitioned for review,” he said.
Meanwhile, Chief Justice Suhartoyo asked whether it would be appropriate for the prohibition against president/vice president, ministers/deputy ministers, and heads of state bodies/agencies from campaigning for the regional election to be included in the article petitioned for review following the Petitioners’ petitum. Paragraph (1) is intended to prohibit candidate pairs from involving parties who can directly contact them during the campaign. Meanwhile, paragraph (2) mentions parties who can participate in the campaign under some conditions.
“The diction is ‘to involve’. It is not prohibition [against them] as (campaign) participants,” he said.
Before adjourning the hearing, Chief Justice Suhartoyo announced that the Petitioners would have 14 days to revise the petition and must submit it no later than Monday, August 12 at 13:00 WIB.
Author : Mimi Kartika
Editor : Lulu Anjarsari P.
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.
Monday, July 29, 2024 | 15:49 WIB 71