The Constitutional Court rejects the application of the material test of the period of the President and Vice-President



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TEMPO.CO Jakarta – The Constitutional Court or the Constitutional Court does not accept the application for judicial review of Article 169 letter n and Article 227 letter i of the Law number 7, year 2017 concerning the general elections. "Declaring the petition of the petitioners is unacceptable," Constitutional Court Chief Judge Anwar Usman said in the Constitutional Court of Central Jakarta on Thursday, June 28, 2018.

The two articles govern the mandate of the vice-president. This application for judicial review was presented by the Proletarian People's Society for the Constitution represented by Abda Khair Mufti, Federative Federation represented by Agus Humaedi Abdillah, and the individual applicant Muhammad Hafidz

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Dorel Amir, Constitutional Court of the Constitutional Court, stated that his client sued the Vice President for preventing Jusuf Kalla from standing again in the 2019 presidential election to accompany Joko Widodo. . The plaintiffs badume, up to now, that there has been no vice-presidential figure worthy of Jokowi as JK.

In both decisions, namely the Constitutional Court number 36 / PUU-XVI / 2018 and number 40 / PUU-XVI / 2018, the Court reached the same conclusion regarding the two articles submitted to the test. The Court declares that the applicant does not have locus standi and that, consequently, the main question of the application is not examined. The Court also considers that the constitutional right to elect a candidate for the presidency or vice-presidency does not harm the applicant.

Read: Reason why the applicants seek the examination of the warrant …

In its judgment, the Court declares the applicant unable to explain the arguments with its legal status. One of the arguments put forward by the petitioner, namely taxpayers with the right to challenge the law, is considered insufficient by the Court.

"It is not enough to postulate taxpayers without first explaining the actual or potential constitutional deficiency. – The result of the infringement of the rights of the applicant and of certain sections requested judicial review of its constitutionality at the Court, "said Judge I Dewa Gede Palguna

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Judiciary to file an application for judicial review of these two articles is a person who has served as president or vice-president for two periods in a non-consecutive term. " "It's not a person who has served as president or vice-president for two consecutive terms," ​​said Dewa Gede Palguna

. "The lawyer of the Singapore Federation of Trade Unions, Regginaldo, said that his client accepted the decision of the Constitutional Court.The verdict of the Constitutional Court, he said, stated that the real can apply for judicial review of the article is Jusuf Kalla. Present, his client has not planned to invite JK to apply for a similar hardware test. "Remember the time of registration of a presidential candidate for a month, it seems unlikely."

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