MK to Process Judicial Review Request on Voters’ Rights

KOMPAS/WAWAN H PRABOWO

A resident passes by the fixed voters list, which is displayed on the residents\' hall in Gambir subdistrict, Central Jakarta, Tuesday (05/03/2019). The displayed list is the second stage of updating on the number of voters based on data from the civil registration and population office of the Home Affairs Ministry.

The Constitutional Court (MK) will process the judicial review request on Election Law articles pertaining to voters’ rights. Meanwhile, the General Elections Commission (KPU) is awaiting policies that will protect citizens’ right to vote.

JAKARTA, KOMPAS — The Constitutional Court will soon process the judicial review requests on several Election Law articles deemed threats to citizens’ right to vote. Meanwhile, the General Elections Commission (KPU) is urged to prepare the technical regulations to protect voters’ rights, regardless of the court rulings.

On Tuesday (5/3/2019), the Indrayana Center for Government, Constitution and Society (Integrity) filed a judicial review request on Law No. 7/2017 on elections with the court. This was the second judicial review request on voters’ rights filed with the court. Previously, two college students in Bogor, West Java, had also filed a similar judicial review request.

Integrity represented six petitioners: Association for Elections and Democracy (Perludem) executive director Titi Anggraini, Network for Democracy and Electoral Integrity (Netgrit) founder Hadar Nafis Gumay, Constitution Research Center head Feri Amsari of Andalas University’s School of Law, Augus Hendy, A Murogi bin Sabar, Muhamad Nurul Huda and Sutrisno.

Augus and A Murogi are inmates at Tangerang Penitentiary who petitioned the Election Law on the basis that they may lose their right to vote as they do not have e-ID cards and no legal basis for a special polling station at the penitentiary.

The petitioners filed a judicial review request on the Election Law’s Article 348 Point 9, Article 348 Point 4, Article 210 Point 1, Article 350 Point 2 and Article 383 Point 2, as these articles or their phrasing are deemed to contradict the 1945 Constitution. These articles stipulate the use of e-ID cards for voting, the requirements to set up a polling station, the limit imposed on transferee voters to register at least 30 days before Election Day and the requirement to finish voting tabulations at polling stations on voting day.

KOMPAS/WAWAN H PRABOWO

Flags of political parties participating in the 2019 simultaneous general election decorate an elevated road on Jalan Kramat Raya, Senen, Central Jakarta, Tuesday (05/03/2019). In this political year, no public spaces have nearly been free from stickers, posters, banners, billboards, and political party flags competing in the 2019 election.

Integrity senior partner Denny Indrayana said the loss of even one vote would be a violation of the Constitution. Petitioners also asked the MK to prioritize their judicial review request and to issue a ruling before voting day on April 17.

Court spokesperson Fajar Laksono Soeroso said the request would be processed in line with procedures. The court has 14 days at most to verify and register the request. Afterward, the court will hold a preliminary hearing.

Stakeholders to the judicial review request are urged to anticipate the outcome at the court. The KPU should prepare alternative options if the court does not provide the expected solutions with its judicial review.

“Stakeholders must be prepared if the [judicial review] request is granted or not granted,” Fajar said.

KPUs waiting

KPUs in the regions are waiting for a KPU regulation on the provision of extra ballots for transferee voters on the provisional voters list (DPTb). In many regions, transferee voters are concentrated at certain polling stations, including schools, mining facilities and penitentiaries. Without additional polling stations and ballots, these transferee voters may lose their right to vote.

In Yogyakarta, 14,652 transferee voters from outside the province had registered as of mid-February 2019. At Yogyakarta Muhammadiyah University, for instance, there are around 1,000 students from other regions who have registered to vote in Yogyakarta. Thus far, the amount of registered transferee voters on the DPTb is still below the number of reserved ballots available. However, it is expected that the number of transferee voters will continue to increase.

“We are waiting for a KPU regulation on the provision of extra ballots,” Yogyakarta election official Wawan Budiyanto said.

In East Java, around 61,000 transferee voters are concentrated in several regencies and cities, including Surabaya, Malang and Kediri. In Kediri, more than 7,000 transferee voters have been registered, more than 2 percent of the amount of names on the final voter list (DPT), which is around 223,000.

East Java KPU head Choirul Anam said the commission had proposed establishing 217 provisional polling stations, including 77 in penitentiaries, for transferee voters. “We are waiting for an order from the central KPU,” he said.

KPU commissioner Viryan Aziz said he hoped the ruling would provide a solution. The KPU is also ready to prepare the necessary technical regulations to anticipate whatever ruling the court makes.

Perludem executive director Titi Anggraini said apart from waiting for the ideal outcome at the court, the KPU should also be confident in taking the responsibility of serving voters, in line with the Constitution. (REK/INK/HRS/GAL)