Petitioners Complain about Discrimination of Garuda Pancasila Symbol Usage
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The Constitutional Court (MK) held a session of reviewing Act 24/2009 regarding Flag, Language, and the State Emblem and National Anthem on Thursday (19 / 1) at the Plenary Room. Application that is registered with the Registrar of the Constitutional Court No. 4/PUU-X/2012 is filed by the Forum of Law and Constitutional Studies (Petitioner I), Ryan Muhammad (Petitioner II), Bervilia Sari (Petitioner III), Erwin Agustian (Petitioner IV), and Eko Santoso (Petitioners V). 

In the main petition, the Petitioner Wahyudi as legal counsel to explain the Petitioner felt that their constitutional rights violated due to the enactment of Article 57 letter c and d of Act 24/2009. Article 57 letter c and d states, "Every person is prohibited: ... (c) create a symbol for individuals, political parties, associations, organizations and / or the same company or emblem resembles the State, and (d) use the State Emblem for purposes other than those stipulated in this Law ".According to Wahyudi, Petitioner IV and V Petitioner never exposed to the penalty verdict for 3 months due to the enactment of article a quo. 

"According to the petition, how to use the symbol of statehood is not to insult to the state symbol, but as a form of public expression of nationalism against the state emblem. Petitioner uses only state symbol ‘Garuda Pancasila’ to stamp the applicant organization. And it was done as part of a sense of nationalism Petitioner, "he explained before the Panel of Judges Panel, chaired by the Constitutional Court Hamdan Zoelva with Panel Members, namely the Constitutional Justice Maria Farida and Anwar Usman. 

Responding to the petition, Hamdan gave advice to Petitioner Petitioner sharpen again. However, further Hamdan, state emblem (Garuda Pancasila) should not be used as a rubber stamp organization. "What if the community actually considers stamp is part of the country? This petition must be logic and rational thinking. In addition, the applicant must return proposition sharpen their petition, "he said. 

Meanwhile, the Petitioner explained that the use of the emblem of Garuda Pancasila not only done by the applicant, but also done by the supporters of football teams to support Indonesia. "The use of the emblem of Garuda Pancasila on jerseys penalty supporters do not get penalized, but the use Garuda Pancasila symbol as used by the applicant actually get a court verdict," said Applicant. 

Constitutional Justice Maria Farida Indrati asked Petitioner shall describe the proposed new factual issues orally described to the purpose thereof. "What was described Petitioner orally must be written in the petition," he advised.

Panel of Judges Panel asked Petitioner to perform repairs for 14 days. The trial will continue with the agenda of repair requests. (Lulu Anjarsari / mh/Yazid.tr)


Thursday, January 19, 2012 | 17:57 WIB 200