KPU, court, asked to discuss rules

KPU, court, asked to discuss rules

Kurniawan Hari, The Jakarta Post, Jakarta

A constitutional law expert has called on the General Election
Commission (KPU) and the Constitutional Court to have a look into
two contradictory rules about the presidential elections to avoid
possible chaos in the upcoming poll.

Saldi Isra, a lecturer at the state Andalas University in
Padang, West Sumatra, said the rules could open a worm's nest of
litigation, allowing parties contending the presidential election
to demand the KPU suspend it until the Constitutional Court
settled the matter.

He was responding to contradictory rules on the presidential
candidacy. Article 6A (2) of the amended 1945 Constitution law
stipulates that presidential candidates and their running-mates
are nominated by political parties or a coalition of parties
before the presidential election scheduled for July 5.

But, according to Article 5 of the 2003 presidential election
law, presidential candidates can be nominated and registered with
the KPU only by parties winning 3 percent of seats in the House
of Representatives, or after the legislative election scheduled
for April 5.

Isra said both the KPU and the courts should have the same
stance on the conflicting laws to avoid any chaos before and
during the presidential election.

A common stance between the KPU and the courts would "... make
it easier for the offices to anticipate any request by political
parties for a judicial review," he told The Jakarta Post here on
Friday.

The Constitutional Court is the only institution with the
authority to examine the Constitution and its laws.

So far, only the New Indonesia Party (PIB) has officially
announced Sjahrir as its presidential candidate and registered
him with the KPU "and no parties have requested the
Constitutional Court examine the two contradictory rulings since
they have yet to be affected," Isra said.

Constitutional Court head Jimly Asshiddiqie said the KPU had
to refer to existing laws to make preparations for the
legislative and presidential elections.

"The KPU must not be confused by these conflicting laws,
otherwise the preparations for elections will stop," he told the
Post.

Jimly said the Constitutional Court would not comment or issue
any new rulings until individuals or parties filed requests for a
judicial review.

Meanwhile, Baharuddin Aritonang, a legislator of the Golkar
Party, said according to his party's view, presidential
candidates and their running-mates should be officially nominated
before the presidential election. There was no certainty on the
dates set out in the Constitution, he said.

Baharuddin Aritonang, a member of the People's Consultative
Assembly ad hoc committee that amended the Constitution, said the
presidential election law gave detailed explanations which were
not found in the Constitution.

He believed most political parties already had a common view
on the issue.

"The KPU also has the same stance. It set out in its
literature on the timeline of presidential elections that
presidential candidates and their running mates should be
officially nominated on May 1 through 7," Aritonang said.

President Megawati Soekarnoputri's husband Taufik Kiemas has
hinted of a possible coalition between the Indonesian Democratic
Party of Struggle (PDI-P) and Golkar, which could nominate the
duo of Megawati and Akbar in the presidential election.