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The Constitutional Court (Mahkamah Konstitusi (MK)) conducted a trial session on Act No.10/2008 about General Election of the Member of the Parliament, Regional Council, and Provincial Parliament (General Election Act), Thursday (05/22), in Panel room of MK s Building. The session was held to do Examination of Petition Revision.

Case No. 12/PUU-VI/2008 was requested by political parties who were participants in  2004 General Election and got no chair in the Parliament. Such as Partai Persatuan Daerah (PPD), Partai Perhimpunan Indonesia Baru (PPIB), Partai Nasional Banteng Kemerdekaan (PNBK), Partai Patriot Pancasila, Partai Buruh Sosial Demokrat, Partai Sarikat Indonesia, and Partai Merdeka with their attorney A.Patra M. Zen, S.H., LL.M., and partner. The Petitioners were the political parties who did not fulfil electoral threshold 3% of entire chairs in the Parliament on 2004 General Act and  had no chair in the Parliament so they had to make a new party or to merge with another parties to join 2009 General Election. In the petition, the Petitioners explained that Article 316 Point d of a quo Act had been created and determined arbitrarily and did not give a fair legal certainty for the Petitioner. By the existence of the provision, the parties who were the participants in 2004 General Action did not have to do verification which he
ld by General Election Commission (Komisi Pemilihan Umum) and they could automatically join 2009 General Election, while another parties who had no chair in 2009 General Election as the Petitioners could not do it.

Article 316

Political Parties who were the Participants  in 2004 General Election who did not fulfil the provision of Article 315 could participate 2009 General Election only if they:
a. .....
b. .....
c. .....
d. Had a chair in the Parliament as a result of 2009 General Election; or ..

So that, the Petitioners asked MK to declare that Article 316 point d of General Act Election violated Article 1 Paragraph (3), Article 28D Paragraph (1), Article 28I Paragraph (2) of 1945 Constitution and to declare that the Articles did not have a legal binding force with all its effect.
In the revision, the Petitioners stated that their legal standing were a legal entity which made by Law and Human Right Ministry. Beside that, in the revision of the petition, the Petition also advanced the same petitum.
“We (Panel Justices red.) will bring the petition to plenary meeting to decide the plenary session of the case, ”stated the Panel Chief Justice, Abdul Mukthie Fadjar, before ended the session. (Wiwik Budi Wasito/ Kencana Suluh Hikmah)

Thursday, May 22, 2008 | 09:42 WIB 190
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