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Kalla’s third vice presidential bid now in hands of MK

The Constitutional Court (MK) has begun a hearing on judicial review cases that could pave the way for Vice President Jusuf Kalla to run for a third time in the upcoming 2019 election

Marguerite Afra Sapiie (The Jakarta Post)
Jakarta
Wed, May 16, 2018

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Kalla’s third vice presidential bid now in hands of MK

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he Constitutional Court (MK) has begun a hearing on judicial review cases that could pave the way for Vice President Jusuf Kalla to run for a third time in the upcoming 2019 election.

On Monday, the court looked into two petitions filed by two individuals and two little-known civil society groups to challenge the 2017 Election Law, which bans a president and vice president from seeking a third term.

The petitioners argued that two provisions in the law violated an article in the Constitution, which itself, in fact, prohibits a candidate from running for a third time.

“The disputed articles in the election law are vague and thus have caused hesitancy as well as legal uncertainty […] when it is compared to [the passage] in the Constitution,” Dewi Kemala Mirza Andalusia, a lawyer for the group of plaintiffs in the first judicial review case, told the court on Monday.

Muhammad Hafidz, who claimed to be part of Kalla’s campaign team when the veteran politician contested the presidential election in 2009, is among the plaintiffs in the first group.

Others are the Singaperbangsa Labor Federation (FSPS) and the Association of Proletariat People for the Constitution.

If granted, their petitions could again open the door for Kalla, the former Golkar Party chairman, who is one of the most influential political figures in the country.

His high electability would benefit Jokowi should he be chosen as the President’s running mate.

Kalla, however, has served two terms as vice president, for both Jokowi and his predecessor, Susilo Bambang Yudhoyono, in 2014 and 2004, respectively.

Yet, some politicians and analysts have said the Constitution could be interpreted differently, as Kalla did not serve the two terms consecutively.

Two of the biggest political parties backing Jokowi, the Indonesian Democratic Party of Struggle (PDI-P) and Golkar, have mulled options to support Kalla as Jokowi’s running mate.

But since the debate on his eligibility began, Kalla has made it clear that the proposal to pair him with Jokowi again should be in line with the Constitution.

The second group of petitioners at Monday’s hearing, which consisted of two individuals who said they were concerned about the elections, argued that the provisions were applicable only to a person who had served two consecutive terms as either president or vice president.

The panel of justices, however, said the logic behind the plaintiffs’ argument was flawed.

Justice Saldi Isra said the petitions appeared to automatically dispute the provision in the Constitution itself, arguing that the court only had the power to interpret laws that were considered to contradict the Constitution and not the Constitution itself.

“How can a Constitutional Court justice reinterpret the Constitution?”

Monday’s hearing was only a first hearing, but observer Feri Amsari said the chance was slim for the court to grant the petitions because the plaintiffs have no legal standing.

“Petitioners must be able to explain that the provisions [on presidential and vice presidential terms] are related to their constitutional rights, not merely to Kalla.”

Besides, the original intent of the Constitution was to limit the power of president and vice president to only two terms, whether they served in office consecutively or not, Feri said.

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