Court rules members of parties can run for DPD

Andra Wisnu ,  The Jakarta Post ,  Jakarta   |  Wed, 07/02/2008 10:52 AM  |  Headlines

Political party members will be eligible to run in the the Regional Representatives Council (DPD) election next year, the Constitutional Court ruled Tuesday.

The court, however, upheld a clause in the recently passed election law which bars politicians from contesting DPD seats in provinces they do not reside in.

In a split vote, in which four of nine judges voted against the politicians' quest for DPD seats, the court declared that political party members should be allowed to nominate themselves as part of their constitutional rights.

"The condition that a political party member or official may not run for a DPD seat is not implicit in the Constitution. Thus, a candidate belonging to a political party should be allowed to run for a DPD seat," the court's chief Jimly Asshiddiqie said, reading out the verdict.

"The condition of residence for candidates running for a DPD seat is implicitly stated in the Constitution. Therefore it must be a part of the election law."

Dissenting opinions came from Judges H.A.S Natabaya, I Dewa Gede Palguna, Mohamad Mahfud and H. Harjono.

The decision will force the House of Representatives to revise article 67 of the election law, which says candidates can contest DPD seats in regions where they do not reside.

The first DPD election ever in 2004 banned politicians from running for DPD posts.

The decision brings the country closer to a more western bicameral system, where an upper house and lower house deliberate and pass laws, as opposed to the country's current system where the House of Representatives plays the single legislative role.

The United States and Australia, for example, allow members of political parties to run for senate, a role the DPD will play once the People Consultative Assembly provides the constitutional amendment.

The Court ruling deals the DPD, one of the plaintiffs, a major blow. The DPD had rejected the election law, citing the need to maintain non-partisanship in the council.

DPD Vice Chairman Laode Ide even threatened to launch a move to dissolve the Constitutional Court if it ruled against the council, although DPD Speaker Ginandjar Kartasasmita said Laode's comment did not represent the council's view.

Ginandjar said he was disappointed with the court's decision but was ready to follow through.

"We are very concerned about the decision on political party candidates, but this is the final verdict so we will respect that. The council will meet soon to discuss this matter further," he said.

"One particular thing that I'm concerned about is that today, the Constitution has been interpreted differently than in the past. It raises the question of how the Constitution can be further interpreted differently in, let's say, the 2014 elections."

Ginandjar said he would take the court's decision to the DPD next plenary meeting.

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