The Supreme Court (MA) is urged to promptly make a decision on the judicial review petition against General Election Commission Regulation Number 10 of 2023. Article 8, Paragraph (2) of this regulation regarding rounding down the 30% women candidacy for the DPR/DPRD (House of Representatives/Regional Representative Council) is in contradiction with Law Number 7 of 2017. Since this judicial review was filed by the Communities Care about Women’s Representation (Masyarakat Peduli Keterwakilan Perempuan or MPKP) on July 5, 2023, the decision of the Supreme Court is crucial to ensure legal certainty for the candidacy stages of the 2024 DPR/DPRD Elections, which ends in November 2023.Top of Form
“So if we calculate, 30 days have already passed, and we hope to get the decision as soon as possible because we are racing against time,” said Haykal to Electionhouse.org on August 18th.
MPKP hopes that the Supreme Court’s decision will be issued before the establishment of the Final List of Candidates (DCT) for legislative members on November 4th. Haykal emphasized that the Supreme Court’s decision will serve as the legal foundation for the determination of the DCT by the General Election Commission (KPU). Therefore, MPKP urges the Supreme Court to promptly schedule a hearing for their petition so as not to disrupt the electoral process.
Previously, MPKP filed a judicial review request with the Supreme Court (MA) against General Election Commission Regulation (PKPU) Number 10/2023. MPKP argued that Article 8, Paragraph (2), which regulates rounding down to two decimal places (if less than 50), reduces women's political rights.
Article 8 paragraph (2) of General Election Commission Regulation (PKPU) Number 10/2023 reads as follows: "In the event that the calculation of 30% (thirty percent) of the number of Women Prospective Candidates in each Electoral District results in a fractional number and if the two decimal places are: a. less than 50 (fifty), the calculation shall be rounded down; or (b) 50 (fifty) or more, the calculation shall be rounded up.” This article is an amendment to Article 6 Paragraph (2) PKPU 20/2018 which reads: “In the event that the calculation of 30% (thirty percent) of the number of Women Prospective Candidates in each Electoral District results in a fractional number, rounding up shall be performed.".[]
NUR AZIZAH
Translated by Catherine Natalia