Public Hopes for MK’s Swift Ruling

KOMPAS/FERGANATA INDRA RIATMOKO

Residents look for their names on the final voter list in Senden village, Ngawen district, Klaten, Central Java, Monday (04/03/2019). Prospective voters were urged to make sure their names had been printed on the list long before voting took place on April 17. This is to maximize public participation in the upcoming election.

JAKARTA, KOMPAS – A judicial review on the Election Law is to be filed with the Constitutional Court (MK), in the hope of protecting people’s right to vote in the 2019 general election. A swift review at the court is urgently needed, considering that election day is less than two months away.

A judicial review on several articles of Law No. 7/2017 on elections is to be filed to the Constitutional Court (MK) this Tuesday (5/2/2019), in the hope of protecting people’s right to vote in the 2019 general election. Many hope that the MK can issue a ruling on the matter soon, to give ample time for the General Elections Commission (KPU) to prepare the relevant technical regulations and disseminate the ruling to election officials, participants and voters nationwide.

In Kompas’ perspective, there are several issues that may threaten people’s right to vote in the election on April 17. Chief among these issues is the concentration of transferee voters in the provisional voter list (DPTb) in certain regions. This may lead to the transferee voters being unable to vote due to a limited amount of ballots at their preferred polling stations. The KPU has been hindered from printing more ballots as the Election Law only allows it to print ballots according to the final voter list (DPT), plus an extra 2 percent. There are also voters who are unregistered and may not be able to vote using the special voter list as their place of residence is different from the one listed on their e-ID cards.

The e-ID-based voter database also opens the possibility of citizens being unable to vote as they have yet to acquire their e-IDs. This includes first-time voters who will celebrate their 17th birthday on election day.

Resolutions are being sought for several of these problems, including through the judicial review. This Tuesday (5/3), three petitioners will file the Election Law judicial review, namely Association for Elections and Democracy (Perludem) executive director Titi Anggraini, Constitution Research Center director Feri Amsari of Andalas University’s School of Law and former KPU commissioner Hadar Nafis Gumay.

The three petitioners were represented by the Indrayana Center for Government, Constitution and Society (Integrity) in filing a review on the constitutionality of Law No. 7/2017 on elections.

Integrity senior partner Denny Indrayana said the center would include at least four stipulations in the Election Law in its judicial review request. First is on the requirement for voters to use e-ID cards. Second is on the stipulation that leads to transferee voters losing their right to vote for legislative candidates. Third is the stipulation that requires transferee voters to register at least 30 days before voting day. Fourth is the stipulation that requires voting tabulations be finished on voting day.

This is the second judicial review the MK has received on the 2017 Election Law. Previously, two college students in Bogor, West Java, submitted a separate judicial review proposal on Article 210 points 1, 2, and 3; Article 344 Point 2; and Article 348 Point 4 of the Election Law. These articles regulate transferee voters and limit the number of ballots the KPU may print.

Solution

KPU commissioner Viryan Aziz said he appreciated the effort of filing judicial reviews as this would help the KPU offer solutions for issues surrounding voting rights. “ The KPU is prepared to serve as a relevant party in the judicial review,” he said.

Viryan said the KPU hoped the court would issue its ruling soon, so that the KPU could make adjustments in its election preparations. Whatever the KPU decides, it will impact the 2019 election.

Elections Supervisory Body (Bawaslu) member M. Afifuddin said the judicial review could serve as an alternative solution. However, he also reminded the KPU to be extra careful in responding to the ruling.

MK spokesman Fajar Laksono Soeroso said the MK’s pace in reviewing the Election Law would highly depend on how convincing the petitioners’ case was in urging the MK to make a speedy ruling.

“The ruling to allow voters to use KTP to vote in the 2009 election was made quickly due to impending chaos, as two presidential candidates threatened to withdraw from the election if problems in the DPT remained unfixed. The Constitution does not allow presidential candidates running unopposed,” Fajar said.

Joko Widodo-Ma’ruf Amin national campaign team member Achmad Baidowi said he hoped the MK would prioritize the Election Law judicial review, considering the elections were just months away. However, he also urged the KPU to prepare anticipatory measures.

Prabowo Subianto-Sandiaga Uno national campaign team deputy chair Yandri Susanto voiced a similar sentiment. “Now, the MK holds the ball. We are racing against time and this is related to voters’ basic rights,” he said. (REK/AGE/INK)