Legal counsel Eko Supriadi at a material judicial review hearing of Law No. 7 of 2017 on General Elections, Wednesday (7/31/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review hearing of Article 169 letter q of Law No. 7 of 2017 on General Elections (Election Law). The second hearing for petition No. 64/PUU-XXII/2024 petitioned by Ratna Kumalasari, an Indonesian citizen and advocate, took place on Wednesday, July 31, 2024 in one of the Court’s panel courtrooms.

Legal counsel Eko Supriadi conveyed the revisions to the petition, which included the Court’s jurisdiction over the case, the Petitioner’s legal standing and constitutional loss, and the petitums.

“Petitums: [requesting] that the Petitioner’s petition be granted in its entirety, that [the Court] declare the 2024 presidential election not having legal certainty based on the retroactive principle,” Eko said before Constitutional Justices M. Guntur Hamzah (panel chair), Daniel Yusmic P. Foekh, and Ridwan Mansyur.

Also read: Addressing the Legitimacy Concern of the 2024 Presidential Election

At the preliminary hearing on Wednesday, July 17, the Petitioner’s legal counsel said the case questions the retroactive Court Decision No. 90/PUU-XXI/2023 on the nomination of candidates for the presidential and vice-presidential election, which was promulgated on November 3, 2023 and set forth under General Elections Commission Regulation (PKPU) No. 23 of 2023. However, the regulation was not processed positively for the presidential candidates 01 and 03. Therefore, the Petitioner argues that the regulation conflicts with the principles of non-retroactivity and legal certainty stipulated in Article 28I paragraphs (1) and (4) of the 1945 Constitution. Therefore, the Petitioner requests that the Court declare the conduct of the 2024 presidential election by the KPU RI lacking legal force, order the Government to reorganize the 2024 presidential election, and permit Gibran Rakabuming Raka to participate in the election.

Author              : Sri Pujianti
Editor               : Lulu Anjarsari P.
PR                   : Raisa Ayuditha Marsaulina
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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