KPU, court, asked to discuss rules<\/p>\n
Kurniawan Hari, The Jakarta Post, Jakarta<\/p>\n
A constitutional law expert has called on the General Election
\nCommission (KPU) and the Constitutional Court to have a look into
\ntwo contradictory rules about the presidential elections to avoid
\npossible chaos in the upcoming poll.<\/p>\n
Saldi Isra, a lecturer at the state Andalas University in
\nPadang, West Sumatra, said the rules could open a worm's nest of
\nlitigation, allowing parties contending the presidential election
\nto demand the KPU suspend it until the Constitutional Court
\nsettled the matter.<\/p>\n
He was responding to contradictory rules on the presidential
\ncandidacy. Article 6A (2) of the amended 1945 Constitution law
\nstipulates that presidential candidates and their running-mates
\nare nominated by political parties or a coalition of parties
\nbefore the presidential election scheduled for July 5.<\/p>\n
But, according to Article 5 of the 2003 presidential election
\nlaw, presidential candidates can be nominated and registered with
\nthe KPU only by parties winning 3 percent of seats in the House
\nof Representatives, or after the legislative election scheduled
\nfor April 5.<\/p>\n
Isra said both the KPU and the courts should have the same
\nstance on the conflicting laws to avoid any chaos before and
\nduring the presidential election.<\/p>\n
A common stance between the KPU and the courts would \"... make
\nit easier for the offices to anticipate any request by political
\nparties for a judicial review,\" he told The Jakarta Post here on
\nFriday.<\/p>\n
The Constitutional Court is the only institution with the
\nauthority to examine the Constitution and its laws.<\/p>\n
So far, only the New Indonesia Party (PIB) has officially
\nannounced Sjahrir as its presidential candidate and registered
\nhim with the KPU \"and no parties have requested the
\nConstitutional Court examine the two contradictory rulings since
\nthey have yet to be affected,\" Isra said.<\/p>\n
Constitutional Court head Jimly Asshiddiqie said the KPU had
\nto refer to existing laws to make preparations for the
\nlegislative and presidential elections.<\/p>\n
\"The KPU must not be confused by these conflicting laws,
\notherwise the preparations for elections will stop,\" he told the
\nPost.<\/p>\n
Jimly said the Constitutional Court would not comment or issue
\nany new rulings until individuals or parties filed requests for a
\njudicial review.<\/p>\n
Meanwhile, Baharuddin Aritonang, a legislator of the Golkar
\nParty, said according to his party's view, presidential
\ncandidates and their running-mates should be officially nominated
\nbefore the presidential election. There was no certainty on the
\ndates set out in the Constitution, he said.<\/p>\n
Baharuddin Aritonang, a member of the People's Consultative
\nAssembly ad hoc committee that amended the Constitution, said the
\npresidential election law gave detailed explanations which were
\nnot found in the Constitution.<\/p>\n
He believed most political parties already had a common view
\non the issue.<\/p>\n
\"The KPU also has the same stance. It set out in its
\nliterature on the timeline of presidential elections that
\npresidential candidates and their running mates should be
\nofficially nominated on May 1 through 7,\" Aritonang said.<\/p>\n
President Megawati Soekarnoputri's husband Taufik Kiemas has
\nhinted of a possible coalition between the Indonesian Democratic
\nParty of Struggle (PDI-P) and Golkar, which could nominate the
\nduo of Megawati and Akbar in the presidential election.<\/p>",
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