JAKARTA - The Constitutional Court stated that the material test case which requested that the certificates of presidential candidates and vice presidential candidates must be authenticated factually was not acceptable.
According to the Constitutional Court, the application submitted by researcher Bonatua Silalahi was unclear (obscuur). The application file was judged not to be in accordance with the systematic testing of laws and was not accompanied by adequate arguments.
"Declaring application number 216/PUU-XXIII/2025 inadmissible," said Constitutional Court (MK) Chairman Suhartoyo, reading the ruling in the MK Plenary Session Room, Jakarta, Antara, Monday, January 19.
In the legal consideration section, Deputy Chairman of the Constitutional Court Saldi Isra said that Bonatua's application file was not in accordance with the systematic application of testing laws in the Constitutional Court, one of which was because it contained the "sitting matter" section.
In addition, the Court considered that the applicant did not elaborate on an adequate and convincing argument regarding the conflict between the tested article norms and the Constitution of the Republic of Indonesia in 1945.
"In this case, the applicant has elaborated more on the concrete events that have occurred that are related to the norms that are requested to be tested," said Saldi.
In addition, the Constitutional Court does not understand the meaning of Bonatua's contesting the norms of the article tested with Law Number 43 of 2009 concerning Archives and the Regulation of the Head of the National Archives of the Republic of Indonesia (ANRI) Number 1 of 2023 concerning Guidelines for Authenticating Static Archives.
"Moreover, the intended opposition is not associated with the basis for testing the articles in the 1945 Constitution of the Republic of Indonesia," he said.
On this basis, the Court considered that the petition prepared by Bonatua was not meticulous, which caused ambiguity and inconsistency in the description of the reasons for the petition (posita) and the things that were requested (petitum).
"Therefore, there is no doubt for the Court to declare the applicant's request unclear or vague or obscuur," said Saldi Isra.
Bonatua Silalahi filed a request for a test of the material of Article 169 letter r of Law Number 7 of 2017 concerning General Elections.
The article reads: The requirements for becoming a presidential candidate and vice presidential candidate are at least a high school graduate, madrasah aliyah, vocational high school, vocational madrasah aliyah, or other equivalent schools.
According to Bonatua, the Election Law regulates the educational requirements for presidential and vice presidential candidates, but not with the authenticity of the diploma so that the KPU only carries out administrative legalization, not archival authentication.
He reasoned that the legalization of the diploma was only a statement that the photocopy was the same as the document submitted to the educational institution.
According to him, it is not a guarantee that the document is really an original archive.
Bonatua also reasoned that the norm of Article 169 letter r of the Electoral Law is contrary to the principle of authentication of archives, assurance of the authenticity of archives, and the submission of authentic static archives as regulated in the Archives Law.
Therefore, Bonatua asked the Court to interpret Article 169 letter r of the Election Law as "a diploma or educational document used as proof of the fulfillment of the educational requirements of the presidential candidate and vice presidential candidate must be verified for authenticity through factual authentication by the KPU as the creator of the archive based on the Archival Law and/or by ANRI or regional archival institutions in accordance with its authority as regulated in the Head of ANRI Regulation Number 1 of 2023 concerning Guidelines for Authenticating Static Archives, and the results of the authentication must be documented as authentic state archives".
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