Legal counsel Ahmad Alfarizy at the preliminary hearing for the judicial review of the Law on the Parliament, Tuesday (12/10/2024). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the preliminary hearing for the judicial review of Law No. 17 of 2014 on the People’s Consultative Assembly (MPR), House of Representatives (DPR), Regional Representatives Council (DPD), and Regional Legislative Council (DPRD), also known as the MD3 Law, on Tuesday, December 10, 2024. The petition No. 169/PUU-XXII/2024 was filed by the Indonesian Women Coalition, the Association for Elections and Democracy (Perludem), Kalyanamitra, and Titi Anggraini.

The Petitioners argued that provisions in the Law had factually harmed their constitutional rights, especially in relation to women representation in legislative institutions. They highlighted the low women representation in the leadership of parliamentary apparatuses (AKD), which is still under 30 percent for the 2024-2029 term.

“We challenge the constitutionality of Article 90 paragraph (2), Article 96 paragraph (2), Article 108 paragraph (3), Article 120 paragraph (1), Article 151 paragraph (2), and Article 157 paragraph (1) of Law No. 17 of 2014 on MD3,” said legal counsel Sandy Yudha Pratama Hulu.

He explained that the petition is different from the previous one. In 2014, the Court reviewed several laws in Decision No. 8/PUU-XII/2014, where it allows women representation to be prioritized in the filling of AKD leadership vacancies.

30-Percent Women Representation

The Petitioners argue against two issues: arrangement on women representation in AKD leadership and the distribution of AKD women members proportionally following the number of women in each faction. They also proposed that the provisions be interpreted to create balance in the composition of women members in House bodies and commissions, such as the deliberative body, the legislative body, and the budget body, where the minimum women representation is 30 percent.

The Petitioners believe the imbalance reflects structural constraints that hinder inclusive women participation in politics. They hope the Constitutional Court declare those articles in Law No. 17 of 2014 unconstitutional and necessitate an interpretation that guarantee women representation in parliament.

In response to the petition, Constitutional Justice Enny Nurbaningsih advised them to clarify their legal standing. “The legal standing needs emphasize, whether the loss is potential or actual. It is unclear. Please make this clear since it is different for each petitioner,” she said.

The justices gave the Petitioners 14 days to revise the petition, which must be submitted no later than Monday, December 23, 2024.

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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