Legal counsel Eko Supriadi representing the Petitioner challenging Article 169 letter q of Law No. 7 of 2017 on General Elections, Tuesday (8/20/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) declared that it had no authority to review Article 169 letter q of Law No. 7 of 2017 on General Elections (Election Law). The ruling hearing for petition No. 64/PUU-XXII/2024 petitioned by Ratna Kumalasari, an Indonesian citizen and advocate, took place on Tuesday, August 20, 2024 in the plenary courtroom.

While delivering the Court’s opinion, Chief Justice Suhartoyo said on July 17 the Court had carried out a panel preliminary hearing. The Petitioner asserted that the General Elections Commission Regulation (PKPU) No. 23 of 2023 on the amendment to the General Elections Commission Regulation No. 19 of 2023 on the nomination of the presidential election candidates, which she believed was against the principle of non-retroactive.

At the hearing, the constitutional justices had offered advice following Article 39 of the Constitutional Court Law and given the Petitioner the opportunity to revise the petition. Then, on July 31, the Court had held a follow-up hearing to examine the revised petition. As the petition challenges the constitutionality of a PKPU, not a Law, the Court did not have the authority to examine it.

“The justice deliberation meeting on August 5, 2024 concluded that the Petitioner’s petition was not a case under the jurisdiction of the Constitutional Court to adjudicate. As such, the Court must hands down a decree declaring that it is not authorized to adjudicate the Petitioner’s petition,” said Chief Justice Suhartoyo.

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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 the 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 requested 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
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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