ASN Sues Threshold for Presidential Candidates in Election Law

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Seorang aparatur sipil negara (ASN), Ikhwan Mansyur Situmeang, menggugat aturan ambang batas pencalonan presiden (presidential threshold) ke Mahkamah Konstitusi


Jakarta, ONENEWS.MY.ID —

A civil servant (ASN) named Ikhwan Mansyur Situmeang sued the regulation on the presidential nomination threshold (presidential threshold) Article 222 of the Election Law (Election Law). Lawsuit accepted Constitutional Court (MK) with number 2/PUU/PAN.MK/AP3/01/2022.

The Ikhwan argued that the presidential threshold violated Article 6A paragraph (2) of the 1945 Constitution. He asked the Constitutional Court to delete the article.

“Stating article 222 of Law Number 7 of 2017 concerning General Elections (State Gazette of the Republic of Indonesia of 2017 Number 182. Supplement to the State Gazette of the Republic of Indonesia Number 6109) is contrary to article 6A paragraph (2) of the 1945 Constitution of the Republic of Indonesia and does not have binding legal force,” reads the petition in the Brotherhood’s petition.

The Ikhwan is of the opinion that the requirements for presidential candidacy in Article 6A paragraph (2) of the 1946 Constitution are not an open legal policy. Thus, the Election Law may not include the presidential threshold as a requirement for presidential candidacy because it is not regulated in the 1945 Constitution.

He said the rules in Article 222 of the Election Law amputate his right as a citizen to get as many presidential candidates as possible. In addition, the presidential threshold rule is also considered unfair.

“That political parties in exercising their constitutional rights propose pairs of presidential and vice-presidential candidates to ignore the interests of the community to get as many candidates for national leaders as possible and instead accommodate the interests of investors (oligarchs),” he said.

The same lawsuit was also filed by 27 diaspora who appointed Refly Harun & Partners as legal counsel. They also sued the presidential threshold in Article 222 of the Election Law.

The diaspora argues that the presidential threshold is contrary to Article 6 paragraph (2), Article 6A paragraph (2), and Article 6A paragraph (5). They considered that lawmakers should not include rules that are not in the constitution into the Election Law.

“Declaring Article 222 of Law Number 7 of 2017 concerning General Elections (State Gazette of the Republic of Indonesia of 2017 Number 182, Supplement to the State Gazette of the Republic of Indonesia Number 6109) is contrary to the 1945 Constitution of the Republic of Indonesia and has no binding legal force, “quoted from the petition number 1/PUU/PAN.MK/AP3/01/2022.

Previously, Article 222 of the Election Law which regulates the presidential threshold has been sued by a number of parties. Some of the people who filed the lawsuit are former TNI Commander Gatot Nurmantyo, Gerindra Party politician Ferry Juliantono, and DPD RI member Fahira Idris.

They submitted the same lawsuit, namely removing the presidential nomination threshold. They want the next election to be held without a minimum requirement of party support in nominating a presidential candidate.

(dhf/gil)

[Gambas:Video CNN]


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