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by : Iman Syukri

Independent line can only be done through 1945 Constitution amendment.

CHIEF Justice of the Constitutional Court there was a little opportunity for independent candidates to run in the Presidential Election 2009. "For 2009, independent line had better not be inserted due to the clash with constitutional matters, that was the amendment of the 1945 Constitution,” he said to the press during the workshop of Formalization of Shariah in Life Zone between Political Image and Political Interest at the Horizon Hotel Bandung, Thursday (28/8).

In Article 6A paragraph (2) of the 1945 Constitution, President and Vice paired candidates was proposed by one or a group of political parties which were the participant of the general election before the general election.

According to Mahfud, President Candidacy from independent line could only run in the presidential election after the 1945 was amended. Meanwhile the amendment process took a long time and could not be done in a hurry in order to pass the independent candidates in the next presidential election.

"The last process of amendment of the 1945 Constitution took four years time. We can not do it sloppily because constitutionally this matter is not an open delegation but a closed one because it is related to political parties," he said.

Besides that, Mahfud said that the process of amendment needed a comparative study from other sides such as the academician and even opinions from foreign experts.

"Still, the Constitutional Court will study about this and be ready to hear arguments from related parties. No matter what, every demand from the people will be tried to be accomodated by the Constitutional Court," he said.

Even though the possibility was low, Mahfud stated that the Constitutional Court would still advise the independent Presidential candidates to be applied in the year 2010.

The Professor in Constitutional Law also emphasized, for 2009 Presidential Election it was expected that independent candidates to seek political parties willing to cooperate.

"Practically, independent candidates in Indonesia would still be difficult to be free from and unattached to political parties. This is the reality. We had our experience; we had Amien Rais, Yusril Ihza Mahendra, and others. They used to be the great potential from the young generation, but they could not be separated from political parties," he said. n Robby Sanjaya
 
http://jurnalnasional.com/?med=Koran%20Harian&sec=Politik%20-%20Hukum%20-%20Keamanan&rbrk=&id=63269&detail=Politik%20-%20Hukum%20-%20Keamanan

Photo Courtesy of Constitutional Court Public Relation Doc.

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