REMOVED, BUT OPEN TO REVIVAL
The Constitutional Court is the only judiciary body with power to hear election disputes and repeal all or part of an existing law if it deems the law to be unconstitutional.
Indonesia will stage simultaneous regional elections on Nov 27, when 204 million eligible voters will hit the polls to elect 38 governors, 416 regents and 98 mayors.
“This is why it is important to maintain the court’s independence and keep the judges away from intervention from any external parties,” Mdm Bivitri said.
Although the parliament might have removed the revision from its list of priority bills, attempts to change the law could still be revived as a priority bill proposed by the government at any time.
Such a bill will have to be drafted and proposed for deliberation by the minister for law and human rights. The current minister, Yasonna Laoly is a member of the PDI-P which has aired its rejection to changing the law.
Experts noted that politicians can still try to make the 2024-2029 parliament, which could be dominated by political parties supporting Mr Prabowo’s incoming administration, deliberate the revision.
Mr Prabowo’s Advanced Indonesia Coalition is set to control 280 of the 580 seats in parliament. Two parties: the National Awakening Party (PKB) and the National Democratic Party (Nasdem) have expressed their interests in supporting Mr Prabowo’s administration, potentially bringing the coalition’s seats to 417.
“We have to watch out for this and reject any attempt to undermine the judges’ independence,” Mdm Bivitri said.
“Only the ethics committee should have the power to evaluate a judge and even then the evaluation is limited to their ethics and morals. This power should not be given to the president, the parliament or any other institution.”
