Constitutional Law Experts Reviewed New Act on Constitutional Court
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Act 8 / 2011 on Amendments to Act no. 24/2003 on the Constitutional Court reviewed to Court by constitutional law experts. They filed against several articles in the Act on Amendment to Act on the Constitutional Court on Friday (5 / 8). Petitioners are Saldi Isra and Yuliandri.
 
Besides the two names mentioned above, there are two principal applicants who attended the inaugural session of the judicial Act 8/2004 regarding the Constitutional Court. Both of them, are Fatmawati and Ferry Amsari. However, in addition to the four names mentioned, Saldi said there will be some more people will follow as the Principal Applicant.
 
"Judge Your Honor, based on the responses of friends, there are still some names that will be the Principal Applicant on the outside we have to convey to the Constitutional Court. And compared to the first request, there would also we have made here. But all who want to come here will be able to complete the improvements seen in the next, "said Saldi explained.
 
Petitioners also accompanied by their legal counsel, that Taufik Basari, Wahyudi Djafar, Donal Fariz, Jamil, and Veri Junaidi. However, the applicant claimed to have signed a letter of authority as it is in the process. Petitioner then promised to complete the requirements in the improvement of the petition later.
 
Incompleteness of the petition requirement registered cases with numbers taken by the Chairman of the Panel 49/PUU-IX/2011 Judge M. Akil Mochtar. Akil says that the applicant has not enclosing the Constitutional Court Law is about to be tested and the 1945 Constitution. In addition, the applicant has not qualified the petition for a power of attorney which the petition has not attached in the petition.
 
"In the procedural case actually cannot yet registered, but registration is done only by request only. Therefore, in this first session we expect that administrative procedures can be met first. Do it later out of people say just because MK is tested, a judge of the Constitutional Court, all the provisions that we can break through, all the provisions we ignore it, "remembers Akil.
 
Once reminded by Akil, who represented Petitioner Saldi providing complete enclosures with Law Number 8 Year 2011 regarding the Constitutional Court, the Constitution, and the power of attorney.

Ultra Petita Needed

Saldi an opportunity deliver the petition to declare the principal of Article 4 (f), (g) and (h), Article 10, Article 15 paragraph (2) letter b, c, d, e, h, Article 45A, Article 50A, Article 57 paragraph (1), Article 57 Paragraph (2a), Article 59 paragraph (2), Article 15 paragraph (2) letter h, and Article 45A in conjunction with Article 57 and Article 87 against the 1945 Constitution.
 
Act 8/2011 as the revision of Act no. 24 of 2003 regarding the Constitutional Court said most of the old content is no longer appropriate to the developmental needs of the community law and state administration, Saldi said it was a unilateral claim of the legislators are.
 
The spirit exists in Act No. 24 of 2003 has nothing contrary to the times that exist today.  Destructive Independence
 
In addition, Petitioners represented by Saldi, felt the revised Law on the Constitutional Court has hurt the values of constitutionalism. Because the majority of the revisions contained in Act no. 8 of 2011 the Constitutional Court as potentially damaging independent holders of judicial power.
 
Most alarming, according to the Petitioners, Article 15 paragraph (2) h as saying that a person can be the judge constitution view of the terms have 15 years experience in law and / or former state officials. Petitioner considers the article cannot be tolerated because it can weaken the Constitutional Court with experience in the field of law is not enough to be a judge of the constitution.

Finally, Saldi delivered 10 petition requests that one of them is asking the Court declared Article 4 paragraph (4) letter f letter g, and paragraph (4) h of Act No. 8 of 2001 contrary to Article 28 paragraph (1) and paragraph (3) Act of 1945, therefore, the article does not have binding legal force. (Yusti Nurul Agustin/mh/Yazid.tr)


Saturday, August 06, 2011 | 23:43 WIB 240