Constitutional Court Rejects TNI/Polri Voting Rights Review
Friday, 19 January, 2007 | 12:54 WIB

TEMPO Interactive, Jakarta: The Constitutional Court rejected the judicial review request on five laws of the Indonesian Military (TNI) and National Police (Polri) voting rights in the general election, Presidential election and regional leaders election. The Constitutional Court concluded the request of Police Chief Comm. (retired) H.M. Sofwat Hadi as the petitioner, was unacceptable. “The petitioner did not have legal standing,” said Constitutional Court Chairperson, Jimly Asshiddiqie when reading the sentence at the Court’s building, Jakarta, yesterday (18/1).

Sofwat Hadi, concurrently a member of the Regional Representatives Assembly (DPD) from South Kalimantan, proposed the correction rights over some Articles of five laws. The laws are DPR (House of Representatives), DPD and DPRD (Provincial Legislative Assembly) Election Decree; President and Vice President Election Decree; Regional Governance Decree; Police Decree and Indonesian Military Decree.

According to Sofwat, the five laws lost his constitutional right as a citizen. This is because, when running for South Kalimantan DPD member, he must first resign from the police with pension rights.

The Constitutional Court stated that the judicial review over Article 145 of the General Election Decree and Article 102 of the Presidential Election Decree are einmalig or only valid for general and Presidential elections in 2004. “If the decrees contradict the constitution, it wouldn’t affect the petitioner’s position,” said Achmad Rustandi, the constitutional judge.

In response to the decision, Sofwat said constitutional judges have not yet touched the essence of his request, the clarity of TNI/Polri voting rights position in the general election. Thus, he will request a judicial review by a mandate from a police or military member who is still active.

RINI KUSTIANI