It turned out that not only the City Council (DPD) or Eight Parties Alliance (ADP) had objection with the new Act on General Election. Because independent survey institution felt damaged related to the restriction to publish the quick count result of the general election.

Chief Justice of the Constitutional Court (MK) also suggested that every party who disagreed to be together to have a judicial review. "Just submit this together, so that it will not cause too many problems near the general election," he said in Jakarta, Friday (4/4).

What Jimly meant by not causing too many problems was not to file the same review more than once. Not only did it waste some time but it also resulted in confusion and the legality uncertainty of the Act. "It is common to have five people as the petitioners for a case, still the Government and the House are the same," he said.

When asked why the act arose some objections from many parties, according to Jimly it was common in democratic countries. Because the voice of the people passed through the parliament institution could only reflect the formal one. So the real voices might not be channeled throught the legal representation. "That is where the constitutional trial mechanism plays the role, to assure that the citizens’ constitutional rights can be protected according to the highest constitutional agreement," he said.

Besides talking about minority and majority voices in the Parliament, Jimly explained that the disappointment from many countries toward a legislation product could also be caused by the Parliament being too formalistic. It meant that what was sounded in the Parliament was not necessarily the real importance of the people represented. As the result what was real in the people could possibly be not sounded. "What is said reflected in the legislation. Not the people’s need, but the elite’s need," he said.

At that point then the judicial review mechanism was provided that was proven through a judiciary process. If this was proven there was a constitutional right violation also the norm questioned was relly against the constitution, the Constitutional Court obliged to protect the citizens’ constitutional rights. "Remember, that the citizens’ constitutional rights should be protected so that they were according to the highest constitution," he said.

With the change in the Act on Holding General Election, Act on General Election, and Act on Regional Government, at the moment the Constitutional Court at the moment was making new set of rules concerning the dispute over election result. For that, his side was waitimg for the revision of Act on Presidential Election also Act on The Constitutional Court. "Because as the consequence of the change makes us have to set special proceduces for the Regional Election cases. That is related to the stipulation concerning the disputes in Regional Election which becomes the task of the Constitutional Court and the existence of individual candidates."

Jimly said, the rules would also regulate the distance examination by using teleconference technology. Teleconference directly connected to the Police Headquarters in every capital of each province where the case took place. So the examination would be more efficient, cheaper, and faster and people did not have to be focused on a place. "By then, the process will be more rational," he concluded.

Source (05/04/08)
Photo courtesy of
Translated by Yogi Djatnika (MKRI)

Monday, April 07, 2008 | 09:14 WIB 266