Yusril challenges election law

Abdul Khalik ,  The Jakarta Post ,  Jakarta   |  Wed, 12/03/2008 11:04 AM  |  National

Challenges against the recently-passed presidential election law have begun piling up in the Constitutional Court, with Crescent Star Party (PBB) chief patron Yusril Ihza Mahendra the first to contest the legislation.

Yusril, the presidential candidate for the minor party PBB, filed a motion for judicial review of the law with the Court on Monday.

"The law violates the Constitution by restricting the rights of citizens to run for president," Yusril, a former justice and human rights minister, told reporters. He arrived at the Court escorted by his deputy, Hamdan Zoelva, and House of Representatives legal expert Mochtar Ngabalin.

Citing Article 6A of the Constitution, Yusril said a party or coalition of parties had an equal right to nominate a presidential candidate regardless of the votes they gained in the legislative election.

The presidential election law says a candidate must be nominated by a party or coalition of parties in possession of at least 20 percent of seats at the House of Representatives or 25 percent of popular votes in the legislative elections. The law will end Yusril's bid for presidency if his party fails to make up the required numbers after its poor 2004 poll performance.

A number of new parties, along with potential and independent presidential aspirants, have expressed their intentions to fight the law. They argue it deprives citizens of their constitutional rights.

Chairman of the People's Conscience Party (Hanura) Wiranto previously said they would be collaborating with other opposers to demand a judicial review of the law. Also challenging the law is presidential candidate Sutiyoso.

There are 38 parties eligible for the April 9, 2009 national legislative election on top of six local parties who have qualified for the Aceh legislative election.

The presidential election will take place in July 2009.

Besides challenging the law, Yusril and the PBB have asked the Court to declare the current election system, which separates legislative from presidential elections, in violation of the Constitution.

"According to Article 22E of the Constitution, it is clear that the election should be held once every five years. Therefore, the article stipulates that both legislative and presidential elections must be held simultaneously," Hamdan said.

"The presidential election law is a way to consolidate the hegemony of major parties through this discriminatory policy, which goes against the democracy Indonesia has adopted."

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