CONSTITUTIONAL COURT: ELECTORAL WATCHERS COMMITTEE NOT A STATE ORGAN
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Electoral Watchers Committee (Panwaslih) was not a state organ. That was stated by the Constitutional Court (MK) in the verdict readout for case No. 1/SKLN-VI/2008 filed by Electoral Watchers Committee for Regent and Vice Regent of Morowali against the General Election Commission in Morowali Regency (KPUD), Friday (28/2), at the Constitutional Court Room.

According to the Constitutional Court, the Electoral Watchers could not be qualified as a State Organ, nor could it be considered as a State Organ the authority of which was provided by the 1945 Constitution, because based on Article 109 109 of Government Decree No. 6/2005, the Electoral Watchers was an ad hoc institution whose job ended 30 days after the saying the vow to be the Regional Head/Vice.

Besides that, the existence of KPUD for the Regional Election was not under the mandate from the 1945 Constitution but based on Act No.32/2004 on Regional Government juncto Act No.22/2007 on General Election. Therefore, for the Constitutional Court, KPUD could not be qualified as a state organ whose authority was provided by the 1945 Constitution either.

“It has been very clear (expressis verbis), from the objectum litis or the subjectum litis that it does not meet the requirements to be considered there had been a dispute over authorities of state bodies’ whose authority is provided by the 1945 Constitution,” explained Constitution Justice Harjono as he read the stipulation consideration.

As the result, the verdict for the case was stated as, ”the Petition can not be accepted (niet ontvankelijk verklaard),” stated the Chief Justice of the Constitutional Court, Jimly Asshiddiqie in the trial open for public. (Luthfi Widagdo Eddyono/Yogi Djatnika)


Friday, March 28, 2008 | 11:23 WIB 245