Constitutional Court overturns parties' judicial review on election law

Jakarta, NU Online
The Constitutional Court has turned down a request by several political parties to review a number of articles in the 2008 election law, citing lack of evidence that the articles violate the 1945 Constitution.

During a hearing on Friday, Presiding Judge Madfudz MD said that the articles of the law did not violate Constitutional Law nor limit public participation during elections.<>

Among the articles called into question were article 202 verse 1, 203, 205, 206, 207, 208 and 209. Article 202 verse 1, for example, stipulates that each party should get a minimum of 2. 5 percent votes to secure a seat in the House of Representatives (DPR).

"The articles aim at reducing numbers of parties taking part in the election, but they do not violate articles 1, 2 or 28 of the Constitution," he was quoted by The Jakarta Post as saying.

Of all nine judges in the court, two of them -- Maruarar Siahaan and M. Akil Mochtar -- had dissenting opinions and said that article 202 did not accommodate the participation of people in
elections.

"We regard that the articles were temporary decisions that were formulated and made to fulfill the will of the decision makers," Mochtar said.

Patra M. Zein, a lawyer representing the parties, said that his client accepted the decision, but underlined the courts inconsistency on the disputed articles.

"It's clear that even the judges do not share the same opinions on the disputed articles," he said.

Previously, 11 parties and some legislative candidates filed for requests to review article 202 of the 2008 election law, saying that the article was manipulated and was used to discourage
independent candidates from running for president should their parties fail to meet 2.5 percent quota. (dar)