Petitioner of Review of Act on Election Organizer Asked Injunction
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Reviewing the constitutionality of Act 15/2011 on General Election Organizers held again at the Constitutional Court (MK), Wednesday (02/22/2012) afternoon. Petition filed by Yuliandri (Lecturer Legislation UNAND), Zainal Arifin Mukhtar (Lecturer of the State Administration of UGM), Charles Simabura (Lecturer and Researcher pusako), and the Society for General Elections and Democracy (Perludem). The trial case Number 8/PUU-X/2012 the improvement agenda request is being implemented by the Constitutional Court Panel M. Akil Mochtar (chairman of the panel), accompanied by two members, Hamdan Zoelva and Maria Farida Indrati.

Before a panel of judges of the Constitutional, Feri Amsari, legal counsel to the Petitioners, delivering improved application based on the advice of the judge at a preliminary hearing. Improvements include three things about the article in the 1945 Constitution which is used as a test stone. Initially, the review’s stone was Article 28D paragraph (1), then the Applicant added as a touchstone of Article 22E.

Later, Peter pleaded the Court ruled on the sidelines due to the current selection process of members of the General Elections Commission (KPU) and the Election Supervisory Body (Bawaslu) is underway. "We asked for interlocutory because now there’s been an ongoing process," said Ferry.

Finally, Peter hopes that the Court called the Selection Team Member General Elections Commission (KPU) and the Election Supervisory Body (Bawaslu) as Related Parties. "We expect to call a Constitutional Assembly of the Related Parties, in this case, Team Selection Commission and Bawaslu," added Peter.

To note, on Wednesday (08.02.2012), the Court held a preliminary hearing the constitutional test of Article of Article 13 paragraph (5), Article 15 paragraph (4), subsection (5), paragraph (6), and paragraph (7) , Article 87 paragraph (5), Article 89 paragraph (4), subsection (5), paragraph (6), and paragraph (7) of Law Number 15 Year 2011 about Election Organizer. According to the Petitioners, the provisions of the articles of the Law on Election Organizer are contradictory to Article 28D paragraph (1) of the 1945 Constitution.

Article 13 paragraph (5) More reads: "The team selection report on the implementation of each stage of selection to the House of Representatives”. According to the Petitioners, the provisions of Article 13 paragraph (5) have been contrary to the spirit of the establishment of an independent election organizer. Therefore, the authority to form a candidate selection team member of the Commission is the authority of the President. This was in accordance with Article 12 paragraph (1) of Election Organizers. As the party was formed and or appointed by the President, pursuant to Article 12 paragraph (2), the principal task of the candidate selection team member of the Commission is to assist the President to establish a candidate member of the Commission to be submitted to Parliament.(Rosihin Nur Ana / mh/Yazid.tr)


Wednesday, February 22, 2012 | 18:46 WIB 156