Jakarta – The Constitutional Court held a press conference Tuesday to clarify its decision on the verification process for political parties following misleading reports in the media.
Chief justice Mahfud MD said the Court decided on Monday to annul an article of the 2011 Political Parties Law that stipulates that all parties, old and new, had to undergo a verification process. "If they have been verified by the same ministry, why go through the process again?" Mahfud said.
However, he was quick to explain that the exemption only applied for the verification process run by the Law and Human Rights Ministry of the legal status of political parties, not the verification process to be eligible to take part in the 2014 elections.
"Parties that have been verified by the ministry would not automatically pass verification by the KPU [General Elections Commission]. The commission has different requirements," Mahfud said.
Fourteen small parties, which were verified before the 2009 elections, filed a judicial review request with the Court earlier this year. The parties argued the article, which forced them to undergo verification several times, was a violation of the Constitution, which guaranteed the freedom of assembly.
The political parties law sets out the verification requirements that oblige parties to have branch offices in all provinces, in 75 percent of the country's regencies and municipalities and in 50 percent of all districts. Parties that do not meet these requirements would not be issued a legal license for political parties from the ministry.
The petitioners, which include the Crescent Star Party (PBB), the Marhaenism Indonesian National Party (PNIM), Patriot Party, Prosperous Peace Party (PDS) and New Indonesia Party of Struggle (PPIB), said the article was undemocratic as it made it more difficult for small parties to participate in elections.
Law and Human Rights Minister Patrialis Akbar said Tuesday that parties that passed the ministry's verification before the 2009 elections should now focus on the verification process at the KPU to be able to take part in the 2014 elections. He said the ministry would only verify parties that did not participate in the 2009 elections.
"The verification process run by thr ministry is based on the 2011 law, while the verification process run by the KPU is based on the general elections law, which is still being deliberated by the House of Representatives," Patrialis said.
He said that in 2009, the ministry verified and approved 74 parties, 34 of which went on to take part in elections that year. Registration to undergo the verification process at the ministry was opened on Jan. 17 and ends on Aug. 22.
University of Indonesia political analyst Zulfikar Ghazali said the verification process favored larger parties and was a waste of money. "We have several verification processes for different purposes, but they never produce qualified parties that contribute to society," he said.
National Mandate Party (PAN) deputy secretary-general Viva Yoga Mauladi said Tuesday that PAN had canceled plans to undergo the verification process at the ministry following the Court's ruling.
"The ruling is final and binding, so there is no need for us to register [for verification]," he was quoted as saying by news portal tempointeraktif.com. (fem/lfr)