Deddi Fasmadhy Satiadharmanto presenting his petition at the preliminary hearing for the material judicial review of the Regional Election Law, Monday (9/23/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the preliminary hearing for the material judicial review of Law No. 10 of 2016 on the Second Amendment to Law No. 1 of 2015 on the Stipulation of the Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors into Law (Pilkada Law) on Monday, 23 September 2024 in a panel courtroom. The case No. 123/PUU-XXII/2024 was filed by Deddi Fasmadhy Satiadharmanto.

The Petitioner challenges Article 48 paragraphs (4) and (5) of the Pilkada Law, which stipulates that the provincial or regency/city General Elections Commission (KPU), with the help of independent candidate pairs or the team given power of attorney, must submit the document proving endorsement to the polling committee (PPS) to be factually verified no later than 28 days before the candidate registration starts. This factual verification must be completed within 14 days after the document was submitted to the PPS.

Before Chief Justice Suhartoyo and members of the panel, the Petitioner, who came without any counsel, said that the provisions have harmed independent candidates and could reduce voter turnout as eligible voters might feel that they are not presented with decent options. He argued that these provisions are in violation of Article 27 paragraph (1) of the 1945 Constitution, which guarantees equality before the law, since independent candidates face a higher risk of discrimination compared to party-backed candidates, who might be more prepared in terms of administration and logistics. He also argued that they are against the principle of equality in a fair, competitive election.

“At this time, potential conflict of interests require an extension of time for independent candidates,” he said.

According to the Petitioner, the limited time limit for factual verification may cause discrimination against independent candidates compared to party-backed candidates, who may have more resources and support. In addition, the disharmony between the factual verification and the candidate registration schedule also impacts legal certainty and fairness in the election, especially for independent candidates in seeking support.

Therefore, in his petitum, the Petitioner requested that leeway be given for the registration of independent candidates. He requested that the Court declare Article 48 paragraphs (4) and (5) of the Pilkada Law to have no binding legal force with all its legal consequences. 

Justices’ Advice

In response, Constitutional Justice Ridwan Mansyur said that the petition’s format had followed the Constitutional Court Regulation (PMK) No. 2 of 2021 on judicial review of laws. However, he advised that revisions be made to better fit the guidelines. “There are seven pages, I noted. I see that the petition is still longwinded, while it is important to be orderly so that [the petition] will be more comprehensible and clearer,” he said.

Author            : Utami Argawati
Editor             : N Rosi
PR                 : Fauzan F.
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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