2019 Presidential Election Potential Without Winners
itoday - The minimum requirement for vote acquisition that must be met by the winner of the 2019 Presidential Election is still controversial. Like 2014 ago, the 2019 presidential election was also followed by two candidate pairs.
Chairman of the Association of Constitutional Advocates, Bahrul Ilmi Yakup, said that the determination of the winner of the 2019 Presidential Election must refer to and based on the provisions of Article 6A paragraph (3) of the 1945 Constitution, which states: Presidential and Vice President candidates get more than fifty percent of the votes in general elections with at least twenty percent of votes in each province scattered in more than half the number of provinces in Indonesia, appointed as President and Deputy President.
"Article 6A paragraph (3) norms are constitutional norms that apply positively. Therefore, the winner of the 2019 Presidential Election must fulfill two conditions, first, get more than 50 percent of the votes in the 2019 Presidential Election. Second, the vote must be must be spread at least 20 percent in at least 18 provinces because the current number of provinces is 34, "Bahrul said through his written message.
If there is no candidate candidate candidate who gets a vote in accordance with the provisions of article 6A paragraph (3), continued Bahrul, then the 2019 Presidential Election does not produce winners that can be ratified and appointed as president and vice president for the 2019-2014 period.
"It is very regrettable and embarrassing, when some legal experts (state) prostitute themselves, by saying the norms of Article 6A paragraph (3) do not apply because there has been a decision No.50 / PUU-XII / 2014," he criticized.
Such opinion, according to him, is academically embarrassing and misleading. Because, they have manipulated the constitution and misled the people.
Bahrul said, there are two reasons that the Constitutional Court Decision No.50 / PUU-XII / 2014 cannot annul the norms of Article 6A paragraph (3) of the 1945 Constitution. First, the Court does not have the authority to test the norms of the 1945 Constitution, because such actions are ultra vires . Secondly, the Constitutional Court decision No.50 / PUU-XII / 2014 appeared in the testing process of Article 159 paragraph (1) of Law 42/2008 concerning the Presidential Election which was no longer valid, because the norm was replaced with Law 7/2017.
"In fact, Law 7/2017 does not accommodate the norms of Constitutional Court Decision No.50 / PUU-XII / 2014, but it is still subject to even reduplicating the norms of Article 6A paragraph (3) of the 1945 Constitution, as stipulated in the provisions of Article 416 paragraph (1) of Law 7/2017 which reads: the elected candidate pair is a candidate pair who gets a vote of more than 50 percent of the votes in the Presidential and Vice President elections with at least 20 percent of votes in each province spread in more than half the number of provinces in Indonesia, "explained the science lecturer this invitation.
Therefore, explained Bahrul, if in the 2019 Presidential Election, there is no candidate candidate candidate who gets votes according to the number and distribution specified in Article 6 Article (3) of the 1945 Constitution in conjunction with Article 416 paragraph (1) of Law 7/2017, the 2019 Presidential Election does not produce winners who have constitutional rights to be appointed.