Court approves tests for candidates<\/p>\n
Muninggar Sri Saraswati, The Jakarta Post, Jakarta<\/p>\n
The Constitutional Court has dealt former president Abdurrahman
\n\"Gus Dur\" Wahid's comeback bid a severe blow after it ruled on
\nFriday against his request to scrap an article in a law requiring
\npresidential and vice presidential candidates be in good health.<\/p>\n
Gus Dur, chief patron of the National Awakening Party (PKB),
\nis awaiting the Supreme Court's verdict on the judicial review he
\nfiled against a General Elections Commission (KPU) regulation. He
\nregards the regulation as harmful to his attempt to contest the
\ndirect presidential election on July 5.<\/p>\n
The Constitutional Court said in its verdict that Article 6
\n(d) of Law No. 23\/2003 on the presidential election was not
\nagainst the Constitution as claimed by Gus Dur.<\/p>\n
\"Therefore, it (the request) is rejected,\" Constitutional
\nCourt president Jimly Asshidiqie told the hearing at the packed
\ncourt building.<\/p>\n
The court said in its ruling the article's wording was in line
\nwith the Constitution.<\/p>\n
It also rejected the argument of Gus Dur's lawyers that the
\narticle was discriminatory, saying the Constitution itself says
\nit is against any forms of discrimination.<\/p>\n
\"The requirement is not discriminatory because an elected
\npresident or vice president must have the physical and mental
\nability to perform state duties,\" the court said.<\/p>\n
It added the presidential election law did not contradict
\nArticle 4 of the 1975 UN declaration on the rights of disabled
\npeople because \"the severity of the handicap is considered to
\nmake it impossible for the party involved to exercise their
\nrights in a meaningful way.<\/p>\n
\"The article does not violate the Constitution nor any other
\ninternational convention,\" the ruling said.<\/p>\n
The PKB was among the House of Representatives factions that
\nendorsed the article and the contents of the presidential
\nelection bill in July last year.<\/p>\n
Syaeful Anwar, the PKB's deputy legal advisor, said he
\naccepted the verdict, but his team would wait for another ruling
\nfrom the Supreme Court.<\/p>\n
Gus Dur and the PKB demanded the judicial review after the KPU
\nand the Indonesian Medical Association (IDI) signed a memorandum
\nof understanding on medical checks for presidential and vice
\npresidential candidates.<\/p>\n
The MOU, which was made to implement the KPU's regulation No.
\n26\/2004 on requirements for presidential and vice presidential
\ncandidates, orders a series of health tests for candidates,
\nincluding an eye test.<\/p>\n
Gus Dur, who is visually impaired, accused the KPU of
\ndeliberately coming up with extra requirements in an attempt to
\nprevent his presidential bid. The KPU has denied the allegation,
\nsaying the requirements apply to all candidates.<\/p>\n
Separately, constitutional law expert Sri Soemantri of state-
\nrun Padjadjaran University said the Constitutional Court ruling
\nmeans the court has allowed the KPU to conduct medical checks of
\npresidential and vice presidential candidates.<\/p>\n
\"We shall wait for the Supreme Court's ruling because,
\nbasically, the legal dispute centers on the KPU regulation,\" he
\nsaid. The Supreme Court has the authority to review regulations
\nthat are considered to violate the law.<\/p>\n
In 1999, the KPU, which consisted of representatives of
\npolitical parties, did not require medical tests for presidential
\nand vice presidential candidates.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/court-approves-tests-for-candidates-1447893297",
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"sponsor": "Okusi Associates",
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