It's The Labor Party's Turn To Sue The Election Law To The Constitutional Court, Asking All Political Parties To Be Passed To Become Contestants In The 2024 Election

PHOTO VIA BETWEEN

JAKARTA - The Labor Party has submitted a request for judicial review of Law Number 7 of 2017 concerning General Elections (Election) to the Constitutional Court (MK).

"In the application, we tested Article 173 paragraph (1), Article 177 letter f, Article 75 paragraph (4), Article 145 paragraph (4), and Article 161 paragraph (2)," said the coordinator of the Legal Team for the Labor Party, Said. Salahudin in a written statement reported by ANTARA, Monday, July 25.

According to Said, Article 173 paragraph (1) is the norm that regulates the provisions on verification of political parties participating in the election.

"We ask the Court that all political parties are only required to pass administrative verification as a condition to be determined as participants in the 2024 General Election," he added.

Said also admitted that he had evidence that could convince the Constitutional Court that administrative verification was difficult enough for the political parties as candidates for the election.

"The proof is that in the 2014 general election there was only one political party that passed administrative verification. This is a fact that is not widely known to the public," he explained.

Meanwhile, Article 177 Letter f is the norm that regulates the minimum requirements for members of a political party, which is at least 1,000 or 1/1,000 people of the total population in a regency and city.

"Well, we are testing the norm to ask the Court to give an interpretation that what is meant by 'residents in each district/city' are people who live in the regency and city concerned, even though their electronic Identity Card (KTP-el) is issued by the district government and another city," he said.

This is in accordance with the definition of population according to Article 26 paragraph (2) of the 1945 Constitution.

"We had to test the norm to the Constitutional Court because the KPU and Bawaslu were not willing to accommodate the Labor Party's proposal, so that the status of party members should not be limited only by the administrative requirements of an e-KTP. parties are limited by the election organizers," he said.

Meanwhile, Article 75 paragraph (4), Article 145 paragraph (4), and Article 161 paragraph (2) are norms that regulate the obligations of the General Election Commission (KPU), Election Supervisory Body (Bawaslu), and Election Organizer Honorary Council (DKPP). ) to consult with the DPR and the Government whenever making regulations.

"We tested the norm because the consultation was interpreted as binding. Thus, election organizers were required to submit to the will of the DPR and the Government. In fact, KPU, Bawaslu, and DKPP are independent organs as stipulated in the provisions of Article 22E paragraph (5) of the 1945 Constitution," he said.

The Constitutional Law expert added that in the perspective of modern constitutional law, election administrators should be placed as the fourth branch of power in addition to the executive, legislative and judicial powers.

Thus, the powers of the KPU, Bawaslu, and DKPP should not be interfered with by the other three branches of power. Such is the reference to the quadru politica theory as a critique of the outdated trias politica theory.

"Well, the consultations that are required to be binding have already taken place. Several regulations set up by the KPU, must follow the wishes of the DPR, even though the DPR is the representation of the parties that are candidates for the 2024 General Election," he said.

Said gave an example of setting the campaign period for 75 days that has been set by the KPU which will later be stated in the KPU regulation (PKPU). The regulation was born because the KPU was forced to submit to the DPR, aka the parties as candidates for the election.

"This is clearly not true. If the campaign period is shortened, it means that the people's constitutional rights are being reduced," he said.

By shortening the campaign period, there is a criminal election sanction that can threaten the Labor Party when conducting socialization in the community after being designated as an election participant.

"Because, in the Election Law, there are criminal provisions for political parties that campaign outside the schedule, both before and after the campaign period. Here is the problem," said Said Salahudin.