POLITICAL PARTIES CASE WITHDRAWAL STIPULATION
Image


Constitutional Court conducted a trial on case No. 25/PUU-V/2007 about trial for Act No.31 Year 2002 about Political Parties (Act on Political Parties), Monday (14/1), in the Plennary Room of the Constitutional Court with the agenda of Case Withdrawal Stipulation.
In the petitum, the Petitioners for case 25/PUU-V/2007 requested that the Constitutional Court to determine that Article 2 paragraph (3) letter b Act on Political Parties which stated “Political Parties as mentioned in the paragraph (1) should be registered in the Department of Justice with condition: b. having management boards in at least 50% (fifty percent) of the total number of provinces, 50% (fifty percent) of the total number of regent/city in the mentioned province, and 25% (twenty-five percent) of the total number of municipalities in each and every regent/city mentioned”  violated the 1945 Constitution and hence did not have a legal binding power.
According to the Petitioner, the requirement stated in the mentioned article obstructed the forming of local political parties whereas the main objective of local political parties like Indonesian Chinese Reformation Party (PARTI) was to give a political education for their cadre in the rural area. The Petitioner also stated that the existence of Political Parties to propose Governor/Vice Governor candidates, Regent/Vice Regent, and Mayor/Vice Mayor as applied in the Nanggroe Aceh Darussalam (NAD) Province should also be applied in other provinces. This was conducted to avoid dualism in carrying out the regulation stated in Article 18 paragraph (4) 1945 Constitution. If not, then it could be considered as violating the rights of the citizens guaranteed by Article 28D paragraph (1) and paragraph (3) 1945 Constitution.
At the beginning of the trial, Chief Justice of the Constitution Court Prof. Dr. Jimly Asshiddiqie, S.H. pointed out that according to the Article 35 Act No. 24 Year 2003 on Constitutional Court (UU MK), if the Petitioner withdraw the filed case then the same request could not be filed again. 
According to the advised from the previous trial, Head of Special Panel of Justice Prof. H. A. Mukhtie Fadjar, S.H., M.S., explained that with the approval of the latest legislation on political parties then the Justice Deliberation Meeting (RPH) argued that the Political Parties Act being on trial had been outdated therefore if the trial process was continued, it would only be a waste of time. 
“Because of that, referring to No.1/TAP.MK/2008, then the Constitutional Courtgranted the withdrawal request made by the Petitioners,” stated Jimly when closing the the trial. (Andhini Sayu Fauzia/Yogi Djatnika)

Monday, January 14, 2008 | 15:17 WIB 227