Constitutional Justice Hamdan Zoelva when receiving the visit students of the Faculty of Law (FH) University of Tulang Bawang (UTB), Lampung, on Monday (23 / 5) at the press conference room of the Constitutional Court (MK) Building.
Jakarta, MKOnline - Constitutional Justice Zoelva Hamdan received a visit from some 200 students of the Faculty of Law (FH) University of Tulang Bawang (UTB), Lampung, on Monday (23 / 5) morning at the press conference room of the Constitutional Court (MK). On that occasion, Hamdan explains the theme of "Law of Presidential Impeachment in the Constitutional Court."
in the beginning of the meeting, Hamdan expressed juridical basis of the impeachment of President in Indonesia. Article 24C Paragraph (2) of the 1945 Constitution states, "The Constitutional Court shall pass a decision on the opinion of the DPR concerning alleged violations by the President and / or Vice President under the Constitution."
Submission of DPR to the Constitutional Court for President’s impeachment request, can only be done with the support of at least two thirds of the members of Parliament who attended the plenary session attended by at least two thirds of the members of Parliament.
"The Court shall examine, hear and decide the fairest of the opinion that the House of Representatives, at the latest 90 days after the request was accepted by the Court House," said Hamdan told the students.
Hamdan also explained two reasons for impeachment of the President. First, the reason for the law violation, in accordance with Article 7A of the 1945 Constitution and Article 10 Paragraph (2) Constitutional Court Law, namely in the form of treason, corruption and bribery, other felonies, as well as moral turpitude.
"Secondly, the reason that the President does not qualify as a president. As specified in Article 6 UUD 1945, 'No longer qualifies as President and / or Vice President', " Hamdan said.
Furthermore Hamdan also explains the impeachment proceedings of President.The procedure for submission of application is as follows, that the applicant is represented by the chairperson of the House of Representatives that the House may appoint legal counsel.
"The application shall be filed in writing in Indonesian language, is made in 12 copies, signed by the head of the House or their legal representatives, and shall contain clearly alleged violations of law by the President and / or Vice Presidenm as well as allegations that the President and / or Vice-President no longer meets the requirements," Hamdan said.
In addition, in the case of alleged violation of law, the petition must contain details about the type, time and place of law violations committed by the President and / or Vice President. Whereas in the case of allegations are no longer fulfilled the requirements to be President and / or Vice President, the petition must contain a clear description of what the requirements are failed. (Nano Tresna A. /Yazid/mh/Yazid.tr)
Monday, May 23, 2011 | 14:23 WIB 268