Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Agus Sahbani, Robert Sidauruk
The Constitutional Court has refused a request for establishing an overseas electoral district for the next general election to accommodate Indonesian citizens living abroad.
The request was part of judicial review of Article 22 (1) of Law No. 8 of 2012 on General Elections for Members of the House of Representatives, Regional Representative Councils, and Regional House of Representatives (General Election Law).
The General Election Law only mandates the establishment of electoral districts at provincial and regency/city levels.
The judicial review was filed by Priyo Budi Wahono and 30 other Indonesian citizens who live overseas. The applicants were of the opinion that the Article under review deprived them of their constitutional rights as Indonesian citizens to be represented through their own selected legislators.
In the decision, the Constitutional Court held that the provision for establishing electoral districts, including overseas electoral districts, is a matter under the authority of the legislators. Accordingly, the Article does not contradict the 1945 Constitution.
“The current law is considered sufficient to accommodate the rights of citizens to participate in the election, both domestically and abroad,” said Ahmad Fadil Sumandi, one of the adjudicating Judges on Thursday.
The Constitutional Court held that an electoral district is based on a geographical area and the existence of Indonesian citizens within that area. Due to the fact that the 1945 Constitution is silent in regard to constituency, lawmakers are free to decide whether or not to establish certain constituencies.
“The 1945 Constitution neither prohibits nor mandates the establishment of electoral districts including overseas constituencies,” added Fadil.
Furthermore, the Constitutional Court rejected the argument that the absence of overseas electoral districts results in the opinions and interest of Indonesian citizens living overseas not being able to conveyed to legislators.
The Constitutional Court took the view that the problem arises solely due to a communication issue between citizens and their representatives and has nothing to do with the absence of overseas electoral districts.
While accepting the decision, Veri Junaidi, the applicant’s attorney, said that the General Election Law has created inequality for Indonesian citizens who are domiciled overseas.
Veri hopes that in the future, the DPR and the Government may better consider the interests of this group of citizens and establish overseas constituencies.
(hot/kc)
Agus Sahbani, Robert Sidauruk
The Constitutional Court has refused a request for establishing an overseas electoral district for the next general election to accommodate Indonesian citizens living abroad.
The request was part of judicial review of Article 22 (1) of Law No. 8 of 2012 on General Elections for Members of the House of Representatives, Regional Representative Councils, and Regional House of Representatives (General Election Law).
The General Election Law only mandates the establishment of electoral districts at provincial and regency/city levels.
The judicial review was filed by Priyo Budi Wahono and 30 other Indonesian citizens who live overseas. The applicants were of the opinion that the Article under review deprived them of their constitutional rights as Indonesian citizens to be represented through their own selected legislators.
In the decision, the Constitutional Court held that the provision for establishing electoral districts, including overseas electoral districts, is a matter under the authority of the legislators. Accordingly, the Article does not contradict the 1945 Constitution.
“The current law is considered sufficient to accommodate the rights of citizens to participate in the election, both domestically and abroad,” said Ahmad Fadil Sumandi, one of the adjudicating Judges on Thursday.
The Constitutional Court held that an electoral district is based on a geographical area and the existence of Indonesian citizens within that area. Due to the fact that the 1945 Constitution is silent in regard to constituency, lawmakers are free to decide whether or not to establish certain constituencies.
“The 1945 Constitution neither prohibits nor mandates the establishment of electoral districts including overseas constituencies,” added Fadil.
Furthermore, the Constitutional Court rejected the argument that the absence of overseas electoral districts results in the opinions and interest of Indonesian citizens living overseas not being able to conveyed to legislators.
The Constitutional Court took the view that the problem arises solely due to a communication issue between citizens and their representatives and has nothing to do with the absence of overseas electoral districts.
While accepting the decision, Veri Junaidi, the applicant’s attorney, said that the General Election Law has created inequality for Indonesian citizens who are domiciled overseas.
Veri hopes that in the future, the DPR and the Government may better consider the interests of this group of citizens and establish overseas constituencies.
(hot/kc)