Chief Justice Suhartoyo pronouncing a decree on the judicial review petition of Article 40 paragraphs (1), (2), (3), (4), and (5) of Law Number 10 of 2016 on the Second Amendment to Law Number 1 of 2015 on the Stipulation of Government Regulation in Lieu of Law Number 1 of 2024 on the Election of Governors, Regents, and Mayors to Law (Pilkada Law), Wednesday (16/10). Photo by MKRI/Bayu.

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Jakarta, MKRI – The Constitutional Court (MK) granted the withdrawal of a petition submitted by Mathur Husyairi (Member of Partai Bulan Bintang), Kholilur Rahman (Chairman of Bangkalan Branch of Partai Gelora), Samsol (Secretary General of Bangkalan Branch of Partai Gelora), and Muhammad Ridha Azzaki (private employee) in a Decree Pronouncement Hearing on Wednesday, October 16, 2024. Chief Justice Suhartoyo pronounced the decree on the judicial review petition of Article 40 paragraphs (1), (2), (3), (4), and (5) of Law Number 10 of 2016 on the Second Amendment to Law Number 1 of 2015 on the Stipulation of Government Regulation in Lieu of Law Number 1 of 2024 on the Election of Governors, Regents, and Mayors to Law (Pilkada Law).

On Tuesday, September 17, 2024, the Court held a hearing with the agenda of a preliminary examination. During the proceeding, the Panel of Justices gave advice based on the provision of Article 39 of the Constitutional Court Law. The Court reminded that the norm tested by the Petitioners had changed its meaning based on the Constitutional Court Decision Number 60/PUU-XXII/2024 which was pronounced on August 20, 2024.

In this regard, the Petitioners verbally conveyed that they would revoke the petition. Furthermore, on September 25, 2024, the Registrar's Office received a letter of case withdrawal from the Petitioners. The Court did not need to confirm the information regarding the withdrawal of this case because the statement had been conveyed during the Preliminary Hearing.

Regarding the withdrawal of the Petitioners' petition, the Justice Deliberation Meeting (RPH) on September 27, 2024 has concluded that the revocation or withdrawal of the petition for Case Number 120/PUU-XXII/2024 is reasonable according to the law and the Petitioners cannot resubmit their petition.

“Determining, granting the withdrawal of the petition of the Petitioners; declaring that Case Number 120/PUU-XXII/2024 on the petition for judicial review of Law Number 10 of 2016 on the Second Amendment to Law Number 1 of 2015 on the Stipulation of Government Regulation in Lieu of Law Number 1 of 2014 on the Election of Governors, Regents and Mayors into Law (Pilkada Law) is withdrawn,” said Chief Justice Suhartoyo, reading out the ruling on this case.

Also read: PKB, Gelora Members Challenge Requirement to Nominate Regional Heads

During the preliminary hearing, the Petitioners stated that the article has stripped political party members of their rights by making members of small parties unable to be elected in a regional head election when, in fact, as citizens, they have equal rights to be nominated as candidates for regional heads and the deputies. The state should have made it easier for citizens to exercise their rights as citizens of a sovereign state as stipulated in Article 28H paragraph (2) of the 1945 Constitution.

Therefore, the Petitioners request that the Court declare Article 40 paragraph (1) of the Pilkada Law, especially the phrase “A political party or a coalition of political parties participating in the election can nominate a candidate pair if it has fulfilled the requirements of at least 20% (twenty percent) of the accumulation of acquired valid votes in the election of the Regional Legislative Council members in the region concerned” unconstitutional so that Article 40 paragraph (1) would read: “A political party or a coalition of political parties can nominate a candidate pair if it has been verified as a political party or has been participating in the election of the Regional Legislative Council members in the region concerned.”

Author: Sri Pujianti
Editor: Lulu Anjarsari P.
PR: Raisa Ayuditha Marsaulina
Translator: Rizky Kurnia Chaesario/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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