Court approves tests for candidates
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
The Constitutional Court has dealt former president Abdurrahman "Gus Dur" Wahid's comeback bid a severe blow after it ruled on Friday against his request to scrap an article in a law requiring presidential and vice presidential candidates be in good health.
Gus Dur, chief patron of the National Awakening Party (PKB), is awaiting the Supreme Court's verdict on the judicial review he filed against a General Elections Commission (KPU) regulation. He regards the regulation as harmful to his attempt to contest the direct presidential election on July 5.
The Constitutional Court said in its verdict that Article 6 (d) of Law No. 23/2003 on the presidential election was not against the Constitution as claimed by Gus Dur.
"Therefore, it (the request) is rejected," Constitutional Court president Jimly Asshidiqie told the hearing at the packed court building.
The court said in its ruling the article's wording was in line with the Constitution.
It also rejected the argument of Gus Dur's lawyers that the article was discriminatory, saying the Constitution itself says it is against any forms of discrimination.
"The requirement is not discriminatory because an elected president or vice president must have the physical and mental ability to perform state duties," the court said.
It added the presidential election law did not contradict Article 4 of the 1975 UN declaration on the rights of disabled people because "the severity of the handicap is considered to make it impossible for the party involved to exercise their rights in a meaningful way.
"The article does not violate the Constitution nor any other international convention," the ruling said.
The PKB was among the House of Representatives factions that endorsed the article and the contents of the presidential election bill in July last year.
Syaeful Anwar, the PKB's deputy legal advisor, said he accepted the verdict, but his team would wait for another ruling from the Supreme Court.
Gus Dur and the PKB demanded the judicial review after the KPU and the Indonesian Medical Association (IDI) signed a memorandum of understanding on medical checks for presidential and vice presidential candidates.
The MOU, which was made to implement the KPU's regulation No. 26/2004 on requirements for presidential and vice presidential candidates, orders a series of health tests for candidates, including an eye test.
Gus Dur, who is visually impaired, accused the KPU of deliberately coming up with extra requirements in an attempt to prevent his presidential bid. The KPU has denied the allegation, saying the requirements apply to all candidates.
Separately, constitutional law expert Sri Soemantri of state- run Padjadjaran University said the Constitutional Court ruling means the court has allowed the KPU to conduct medical checks of presidential and vice presidential candidates.
"We shall wait for the Supreme Court's ruling because, basically, the legal dispute centers on the KPU regulation," he said. The Supreme Court has the authority to review regulations that are considered to violate the law.
In 1999, the KPU, which consisted of representatives of political parties, did not require medical tests for presidential and vice presidential candidates.