VIVAnews – Head of Indonesian Legal Aid Foundation (YLBHI), Patra Zein, stated that if the parliamentary threshold requirement set by the Elections Law is not implemented on parties, there won’t be any harm or constitutional violation.
“That’s one of our arguments in disputing the Elections Law before the Constitutional Court,” said Zein to VIVAnews, Tuesday, Dec. 30. YLBHI is the legal representative of the political parties that file a claim disputing the Elections Law to the Constitutional Court.
The issue at hand is the requirement laid out by the current Law on Elections which state that political parties participating in the 2009 elections whose votes are less than 2.5 percent of total voters nationwide cannot obtain any seats in the parliament.
While in fact, said Zein, the Constitution guarantees representation in the legislative body for each party participating in the general elections.
Zein said that the parliamentary threshold violates Article 28 (c)(2) of the Constitution regarding nomination and asserting rights collectively in the parliament.
It also violates Article 28(d)(3) regarding just protection and judicial certainty, and Article 27(1) regarding opportunity in government. Meanwhile, discriminatory acts against parties violates Article 28(i)(2).
The violations are against three groups, the political parties themselves, legislative candidates, and party members.
Last week, YLBHI met with law and state administration expert Harun Alrasyid to discuss argumentations that would be brought forth before the Constitutional Court. Zein said that the claim will be filed in January 2009.
Translated by: Ramona Sofianne Dewi
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