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Jakarta, CNN Indonesia –
Panel of Magistrates of the Constitutional Court (MK) give some advice to Rizal Ramli | and the team currently filing a lawsuit regarding the presidential or presidential threshold. The judge also asked Rizal to correct the content of his lawsuit.
One of them is related to the premise or legitimation that Rizal used when demanding one of the articles of Law Number 7 of 2017 on Elections.
Constitutional Court Judge Suhartoyo asked Rizal to be more assertive on the argument of his desire to run as a presidential candidate in the upcoming presidential elections, which is the basis for the request to abolish this presidential threshold rule.
“I see in this petition that Rizal and Abdul Rochim argue that in the next presidential election, arguments must be constructed to convince the court in fact or substantially as preliminary evidence that these petitioners will nominate,” Suhartoyo said at a hearing in Jakarta. The Constitutional Court, which was broadcast online, on Monday (9/21).
Suhartoyo assessed that between what was written in the argument and what was explained by the plaintiff’s lawyer, Refly Harun, was out of sync. Refly did not speak about Rizal’s desire to run for president in the 2024 presidential election.
On the other hand, Refli said that the lawsuit was made because there were losses suffered by the four parties as a result of the results of the 2019 presidential elections. The four parties are Perindo, Berkarya Party, Garuda Party and PSI.
On this basis, Suhartoyo asked the plaintiff to be more assertive about who was the party that was injured at this threshold. Is it Rizal who wants to run as a presidential candidate or the four parties?
“Mr. Refly said, four parties were constitutionally disadvantaged, this means which are the two petitioners that were harmed today? Or is it closer to the losses in the context of today’s petition were the four parties? Berkarya, PSI , Garuda and Perindo, “he said.
On this basis, the constitutional assembly was requested to correct demand number 74 / PUU-XVIII / 2020 against the Presidential Threshold proposed by Rizal Ramli and Abdulrachim Kresno.
Suhartoyo requested in the petition that the legal position be broken down and the legal basis explained in this case, one of which was the issue of the presidential nomination. The Panel of Judges asked that the reparations be submitted no later than October 5.
“Elaborate the spectrum so that we are sure that it is true that these candidates are two citizens who will run for the presidential candidates in the next electoral contest,” he said.
Remove threshold
During the session, Refly Harun said that the 2019 presidential elections became the main basis for his party’s request to present a judicial review to remove the presidential threshold in the Indonesian democratic system.
Refly asked constitutional judges to be willing to remove this rule in every presidential election.
“First, the main point of this petition, the most important of which is the post-2019 and post-2019 presidential elections,” Refly said.
Refly claimed that four political parties have lost their constitutional rights to nominate presidential and vice-presidential candidates in the 2024 presidential elections. The four parties are the Garuda Party, PSI, Berkarya and Perindo.
While in paragraph 2 of article 6A of the Constitution of 1945, it is established that the pairs of presidential and vice-presidential candidates can be proposed by an official political party registered in the Ministry of Law and Human Rights.
“That is why we think that proposing pairs of presidential and vice-presidential candidates is a constitutional right that should not be eliminated in the regulations that establish it,” he said.
According to Refly, in previous elections, parties that did not win seats in parliament still had the opportunity to propose pairs of candidates by joining other political parties.
However, after the presidential threshold rule was implemented, the rights of parties that do not have seats in the RPD were taken away.
Not only that, Refly also highlighted new parties such as the Gelora Party that had just received a legal decree from the Ministry of Law and Human Rights. He said the Gelora Party would also be prevented from nominating presidential and vice-presidential candidates.
“So this petition is not lowering the presidential threshold but eliminating it completely, because we argue that the presidential threshold goes against various articles of the constitution,” he said.
In addition, the former chief commissioner of PT Jasa Marga considered that the presidential threshold was contrary to the honest and fair concept applied by the government. According to him, threshold-based elections are certainly dishonest and fair because they have robbed parties or people who do not meet these requirements.
“Especially it is not fair when then there is a differentiation of treatment between the participants of the elections,” he said.
On that occasion, Refly also read the petitum presented by his party at the hearing. First, ask the panel of judges of the Constitutional Court that is willing to grant the request of your party as a whole.
He then affirmed that article 222 of the Electoral Law of 2017 contradicts the Constitution of 1945 and does not have binding legal force.
“When ordering the publication of this decision in the news of the Republic of Indonesia or if the panel of constitutional judges of the Republic of Indonesia has another decision, please ask for the fairest decision possible,” Refly said.
(tst / off)
[Gambas:Video CNN]
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