The use of state symbols by individuals, political parties, associations, organizations and / or companies for purposes other than those stipulated in the Act, could be convicted. This is experienced by Erwin Agustian and Eco Santoso.Purwakarta District Court sentenced 1 month imprisonment with probation of 3 months to Erwin and Eko for using a picture coat of arms (eagle) as a stamp of the organization.
Constitutional right to feel aggrieved, Erwin Agustian, Eco Santoso et al filed a judicial review of Article 57 letter c and d of Act 24/2009 regarding Flag, Language, and the State Emblem and Anthem, the Constitutional Court (MK).Article 57 letter c and d states, "Every person is prohibited from: ... (c) create a symbol for individuals, political parties, associations, organizations and / or the same company or emblem resembles the State, and (d) using the symbol of the State for purposes other than those stipulated in this Law ".
Constitutional Court panel headed by Ahmad Fadlil Sumadi accompanied by members of the Panel of Constitutional Justices Muhammad Alim and Maria Farida Indrati, on Thursday (2/16/2012) morning, open the case Number 4/PUU-X/2012 proceedings filed by Forum of Law and Constitutional Studies (Petitioner I), Ryan Muhammad (Petitioner II), Bervilia Sari (Petitioner III), Erwin Agustian (Applicant IV), and Eco Santoso (Petitioners V).
The second time the trial was scheduled inspection repair requests. In front of the Constitutional Court Panel, Ady Soehatman, attorney Erwin and Eko, deliver repair requests. Among others in the introduction, Ady provide confirmation of the "symbol of the state".
Adding fixes delivered by Ady, Victor Santoso Tendiasa of Justice and Constitutional Studies Forum said the initial application is more focused on Pancasila. Then, at the preliminary hearing (19/1), the Chairman of the Panel at the time, Hamdan Zoelva, advised the Petitioner to distinguish between the "state symbol" with the "Pancasila". "Now we fix the particulars of the state emblem," said Victor.
In addition, the Petitioner in the petition also explains the improvement due to the use of the criminalization of the state emblem. "Second, explain how the criminalization," said Victor. Before the end the proceedings, the Panel endorsed the evidence filed by the Petitioner, the evidence of P-1 to P-5. The panel then suggested Applicant prepares witnesses / experts to strengthen the argument request. (Rosihin Nur Ana / mh/Yazid.tr)
Thursday, February 16, 2012 | 18:14 WIB 137