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DPD, NGOs take on new election law

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Jakarta Post - April 11, 2008

Jakarta – The Regional Representatives Council (DPD) and several nongovernmental organizations are challenging the new election law that allows members of political parties to contest DPD seats.

DPD deputy chairman Laode Ida, council member Muspani and DPD lawyer Todung Mulya formally petitioned the Constitutional Court on Thursday to review the law.

Todung said the plaintiffs had requested the court to revoke or amend Articles 12 and 67 of the election law, which was recently passed by the House of Representatives.

The articles stipulate political party members are permitted to run in DPD elections and candidates can contest seats in regions where they do not reside. These conditions were banned under the previous election law.

According to Todung, the new law contravenes Article 22 of the amended 1945 Constitution, which deals with elections. "This law has violated the original intent of our constitution drafters," he said.

Todung asked the court to prioritize the case because a delayed trial could disrupt next year's general elections. "We do not want to disturb the electoral process," he said. "We just want this law amended."

Constitutional Court secretary Ahmad Fadlil Sumadi, who received the request, said the judges would meet to determine the case's priority "If things go well, we can have a preliminary hearing as early as next week," he said.

Since the House approved the law on March 3, which was signed by the President on March 31, the DPD has repeatedly said it would challenge the law in the court. Muspani said having nonresidents in DPD seats would threaten regional interests.

"How can a leader of a regional council seat in Bengkulu come from, for example, Jakarta? What do Jakartans know about Bengkulu?" he said. "The same thing applies with political parties, who are trying to spread their influence to other regions."

Todung said President Susilo Bambang Yudhoyono could intervene if a court ruling in favor of the plaintiffs required the House to redraft the law. "It would take too long for the House to have a legislative review of the election law. Another way to deal with it would be via a presidential decree," he said.

About 80 people, mostly DPD members from the 33 provinces, along with lawyers and representatives from various nongovernmental organizations, attended the Thursday meeting at the court.

Present at the hearing were representatives from civil society groups such as the Center for Electoral Reform, the Indonesian Parliamentary Center, the Forum of Citizens Concerned About the Indonesian Legislature and the National Secretariat for People with Traditional Laws. (anw)

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