Again And Again, MK Rejects Lawsuit Related To "Presidential Threshold" This Time From The United Nations

MK Chairman Anwar Usman/Photo: Antara

JAKARTA - The Constitutional Court (MK) rejected a lawsuit or test of Article 222 of Law Number 7 of 2017 concerning General Elections related to the presidential nomination threshold submitted by the Regional Representative Council (DPD) and the Bulan Bintang Party (PBB)." Declaring Petitioner I's application inadmissible, and rejecting Petitioner II's application in its entirety," said Chief Justice Anwar Usman while reading the verdict of case No. 52/PUU-XX/2022 which was broadcast by the Constitutional Court virtually in Jakarta, Thursday, July 7.In addition to rejecting the petitioner's second lawsuit application, in a conclusion reading the Chairman of the Constitutional Court said that Applicant I (DPD RI) also has no legal position to file an application for a quo. Meanwhile, Petitioner II (UN) represented by Yusril Ihza Mahendra has the legal standing to apply for a quo. However, said Anwar Usman, the subject matter of Petitioner II's application was unwarranted under the law. In the case, the petitioner filed a test of the norms of Article 222 of Law Number 7 of 2017 concerning Elections. The article reads that a pair of candidates is proposed by a political party or a combination of political parties participating in the election that meets the requirement of obtaining at least 20 percent of the number of DPR seats, or 25 percent of the national valid vote in the previous dpr member election. In the legal considerations section read by judge Manahan M.P. Sitompul, Petitioner I consisting of DPD RI Chairman AA Lanyalla Mahmud Mattalitti, Nono Sampono, Mahyudin, and Sultan Baktiar Najamudin respectively as Deputy Speaker of DPD RI questioned the enactment of Article 222.The applicant considered that the article had deroged and obstructed the rights and obligations of Applicant I to advance and fight for the equality of regional sons and daughters in running for president and deputy president.

In addition, the existence of the threshold provision only gives special access to political elites who have power without carefully weighing the qualities and capabilities and expertise of each individual. In fact, so many sons and daughters are capable and worthy of being presidential candidates and vice presidential candidates. Therefore, the enactment of Article 222 of Law Number 7 of 2017 has harmed the constitutional rights of Petitioner I.Meanwhile, according to Petitioner II, as a political party participating in the election that won 1,099,849 votes or the equivalent of 0.79 percent, it should have the constitutional right to carry a presidential candidate and a vice presidential candidate. This is in accordance with the provisions of Article 6A paragraph (2) of the 1945 NRI Constitution.