Court to issue ruling on Gus Dur's request

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The Constitutional Court is scheduled on Friday to deliver its ruling on the judicial review filed by former president Abdurrahman "Gus Dur" Wahid and his National Awakening Party (PKB) against a General Elections Commission (KPU) regulation deemed detrimental to his presidential bid.

Constitutional Court Chief Jimly Asshidiqie told a hearing on Thursday that a quick ruling was a must as it related to the constitutional fate of a citizen who would contest the presidential election.

"The court will deliver its verdict on Friday," he said after the first session to hear the PKB's motion for a judicial review of Law No. 23/2003 on elections, on Thursday.

Gus Dur's case is the fastest ever heard by the court. The hearing opened on Thursday or three days after PKB deputy chairman Mahfud MD filed the motion. It usually takes the court a month to open the hearing of a case.

During the hearing, Gus Dur's lawyer Syaeful Anwar insisted that Article 6 paragraph (d) of the law, which stipulates that presidential and vice presidential candidates must be healthy -- both physically and mentally -- to carry out state duties, was against the Constitution.

"The article restricts the plaintiffs, particularly Abdurrahman Wahid, from running for president and hinders the PKB's chances of securing the seat. It is discriminatory and violates the Constitution," he said.

The visually impaired Gus Dur and the PKB filed the judicial review request as they considered the KPU regulation No. 26/2003, which requires presidential and vice presidential aspirants to pass a health examination -- including an eye test -- would dash Gus Dur's chances of election.

However, A. Teras Narang, who represented the House of Representatives, told the hearing the House' special committee deliberating the election bill had unanimously passed it into law.

"The PKB faction also approved the article," recalled Teras, who chaired the committee.

Meanwhile, the Constitutional Court refused the PKB's request to issue an edict regarding the validity of the KPU regulation, saying it did not have the authority to do so.

Earlier, Mahfud said the edict, although not legally binding, was crucial as other courts and institutions would use it as a reference.

The PKB also filed a judicial review of the KPU regulation with the Supreme Court.

According to the law, the Constitutional Court has the authority to review laws deemed contradictory to the Constitution, while the Supreme Court reviews lower regulations which are considered to be violations of the law.

The PKB has named Gus Dur its presidential candidate, so have influential clerics of Nahdlatul Ulama (NU), the basis of support for the party.

However, the NU's central board has not lent support to Gus Dur.

The NU's members, including NU chairman Hasyim Muzadi and NU deputy chairman Solahuddin Wahid, Gus Dur's brother, have received offers from other presidential candidates asking them to be their running mates.