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The Constitutional Court (MK) trial the case of Act No 27/2009 on the People’s Consultative Assembly, House of Representatives, Regional Representatives Council and the Regional Representatives Council (MD3) against the 1945 Constitution on Wednesday (16/11). The third session was listening statement of the Government and the statements of witnesses or experts from the Petitioner.

No matter the trial. This 59/PUU-IX/2011 filed by Judilherry Justam, Chris Siner Key Timu, and Muhammad Chozin Amirullah this time led by Vice-Chairman of the Constitutional Court Achmad Sodiki. This plenary session also consists of seven justices, namely Hamdan Zoelva, Anwar Usman, M. Akil Mochtar, Harjono, Ahmad Fadlil Sumadi, Maria Farida Indrati, and Muhammad Alim.

Present in court this time three of Petitioner’s attorney, that is the Word of Wijaya, Billy Goe, and AH Deputy Kamal. The Petitioners in the trial was presented three times and one expert witness. Rhenald Kasali, Rocky Gerung, and Fadjrul Falah attend as experts from the Petitioner. Permadi (former Member of Parliament) was presented as a witness by the Petitioner.

As usual, Mualimin Abdi from the Ministry of Justice and Human Rights of the Parties present representing the Government. Also present were Sabnikmat Nizam (Interior Ministry), Endang Kusmayadi (Interior Ministry), Erma Wahyuni (Interior Ministry), Heni Susila Wardoyo (Ministry of Justice and Human Rights), and the Rev. Chandra (Ministry of the Interior) to accompany Mualimin in the trial this time.

Endang Kusumayadi read statements of the Government at the request of the Petitioner. Against Petitioners’ argument stating that the regulation regarding the nature and membership of the Honorary (BK) House of Representatives, and the Parliament House which put BK to cause BK fittings Parliament House is not in a position that is independent in resolving matters of ethics violations, the Government considers the Petitioner in his petition does not explain in concrete and specific about the constitutional rights and / or constitutional authority for enactment of these laws.

In addition, the Government also considers the Petitioners did not get a loss on the MD3 Act because the provisions governing the composition and position of the MPR, the DPR, DPD, and the Parliament, whereas the Petitioners are not members of the MPR, the DPR, DPD, and the Parliament. "In addition, the Petitioners in their petition outlining solely based on assumptions, not based on facts," said Endang.

 

Petitioners’ Expert

Petitioners first submit expert testimony, namely Rhenald Kasali. He said that true justice must be upheld not only in sharing the wealth or distributing the wealth, but should start from the source, ie free of public officials, including representatives of the people, of conflict of interest.

Furthermore, Kasali said the conflict of interest occurs when a person is involved in some of which resulted in a person’s interests and potential corruption have to sacrifice other interests. "The interests are sacrificed into the spotlight, particularly in the areas of public work, where official or public duty bearers are not able to distinguish between personal or private interests with public interests, namely the people," said Kasali.

Kasali also said Article 124 of Act on MD3 has made the legislature failed to do self-correction. In fact, it still says Kasali, self-correction is necessary to maintain the integrity and honor members of its own. While BK is only composed of the same groups with people who violate the ethics of its own motion would only complicate the update and cleanse themselves from the serious issues it faces. "It is evident from the failure of the Honorary House handles a number of community members complained of serious problems due to ethical violations. And has a lot of event records that cannot be resolved by the Honorary because it consists of people from fractions and from the same community, "said Kasali.

 

Witness Petitioner

Witness Petitioner is also a former member of Parliament, Permadi, presented testimony on membership in the House in the period 1999 to 2008. Permadi who also served as vice chairman of the House says BK BK DPR is not honorable anymore so he chose to resign. "Agency Honorary become respectable again, intervention by the Speaker of the House and they are willing to accept the intervention," he said.

Permadi also revealed that when he became a regular member of the House, not a member of the BK, he felt how hard members of the House brought forward to BK. Although many of the violations of ethics codes and codes are in the House, BK leave it at that time the House and Speaker of the House was let. "For example, there is a rule that says that if a member is not present in a similar meeting three times in a row, then it may be subject to disciplinary action. In my commission, Commission I, there are some members that the absence of a full, though not visible presence in the meeting, whether anyone who signed as law and order state lawmakers banned signed by anyone, except members of the House itself, "said Permadi.

Permadi also revealed a violation of the practice of pornography and decide the Constitution but only 30 or 40 members of Parliament were present. "There seems to be an unwritten agreement that if not caught or violates the very, very heavy, Honorary Board is not willing to negotiate or discuss the mistakes that members in the Board of Honor.," He said. (Yusti Nurul Agustin / mh/Yazid.tr)

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