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.