Jokowi on Electoral Law Review: Every Citizen Holds Equal Constitutional Standing
Former President Joko Widodo (Jokowi) has commented on a constitutional review of Article 169 of Law Number 7/2017 concerning General Elections (Electoral Law) filed by two advocates, Raden Nuh and Dian Amalia, with Indonesia’s Constitutional Court (CC).
The core of the constitutional challenge filed by Nuh and Amalia seeks to compel the CC to issue a prohibition preventing family members of the president and vice-president from standing as candidates in presidential elections.
Speaking to journalists at his residence in Sumber, Jokowi stated that it is the right of every citizen to file a constitutional challenge against any law to the CC. He emphasised that every citizen or individual possesses equal constitutional standing.
“Of course, every citizen or every individual has the same constitutional standing,” said Jokowi on Friday, 27 February.
He added that anyone, regardless of status, has the right to challenge any law before the CC. “Let the process and decision of the CC unfold as it will, and we shall respect whatever decision it reaches,” he said.
Several political elites in the country have previously commented on the constitutional challenge filed by the two advocates, with views similar to those expressed by Jokowi.
Komarudin Watubun, a member of the Commission II of the House of Representatives from the Indonesian Democratic Party of Struggle (PDIP) faction, stated that whilst every citizen has the right to file a constitutional challenge, the constitutional grounds for such a challenge would be difficult for the court to uphold.
“The challenge cannot succeed; there is no constitutional basis for it. The Constitution itself states that every citizen has equal rights, including in matters of government and beyond. So I believe the challenge is weak,” Komarudin said firmly in Jakarta.
The General Chairman of the Indonesian Solidarity Party (PSI) Kaesang Pangarep has paid a courtesy visit to Abuya Ahmad Muhtadi Dimyathi on Thursday, 26 February.
Former Regent of Indramayu Nina Dai Bachtiar met with Jokowi in Solo to seek his blessing to join the PSI.
Will this new development accelerate the ongoing legal process? What direction will the resolution of this case, which has long triggered public upheaval and division, take?
Indonesia Corruption Watch (ICW) has criticised the support expressed by former President Joko Widodo for revising the Anti-Corruption Commission (KPK) law.
Jokowi’s statement expressing a desire for the Anti-Corruption Commission to revert to the previous law is viewed as nothing more than a political gimmick.
UI legal expert Titi Anggraini considers the challenge seeking to prohibit the families of the sitting president from standing in presidential elections to be important for maintaining fair electoral competition and preventing nepotism.
The Electoral Law is being challenged to require that the families of the sitting president and/or vice-president be prohibited from standing as presidential and vice-presidential candidates.
The preliminary hearing for the case was held on Thursday, 4 February and was chaired by Constitutional Court Chairman Suhartoyo, accompanied by Constitutional Judges Daniel Yusmic P. Foekh and M. Guntur Hamzah.
He also criticised the emerging discussion about eliminating direct regional head elections, which has resurfaced under the guise of budgetary efficiency.
Based on comparative international data, a mixed system actually risks creating imbalances between the distribution of votes and parliamentary seats.