Professor's Desire to Run for DPR Without a Political Party Denied by Constitutional Court

The Constitutional Court (MK) has rejected the lawsuit filed by Prof M Havidz Aima regarding the Election Law. Havidz’s desire to become a DPR candidate without a political party has been thwarted. “Declares the applicant’s petition not accepted,” states the ruling in case number 109/PUU-XXIV/2026, as seen on the MK’s official website on Wednesday (13/5/2026). For context, Havidz challenged Article 240 paragraph (1) letter a and Article 241 of the Election Law. He requested that the MK amend those articles to allow individuals to run for DPR membership without being members of a political party. In his petition, Havidz stated that the application of these two articles in the Election Law means that citizens not in political parties have no opportunity to run for DPR RI membership. He claimed this disadvantages him by limiting his chances to participate in the national political representation system. Returning to the ruling, the MK considered Havidz’s lawsuit unclear. MK Deputy Chief Saldi Isra assessed that the applicant did not explain the argumentation of the norm’s conflict being tested against the 1945 Constitution. Additionally, Saldi noted that the petitum in the petition requests two different things. The petitum was also deemed unclear or vague. “Thus, there is a discrepancy between the grounds of the petition in the posit and the petitum as referred to in Article 68 letter a of PMK 7 2025; moreover, petitum points two and three are unusual formulations because they mix regulations of two different norms. The combination of formulations of these two different norms actually shows a vague or obscure petitum formulation, especially since petitum points two and three request two different and mutually contradictory things without being followed by a logical and rational alternative,” said Saldi.