Provisions of Act 8/2012 on General Elections Members of Parliament, Council and Parliament in question by the Indonesian National Party (PNI), Democratic Renewal Party (PDP), Bull National Party Democracy Indonesia (PNBKI) and the Indonesian Democratic Party of Enforcement (PPDI) who filed a formal test of the law which was registered by the Registrar of the Constitutional Court (MK) with a number 54/PUU-X/2012.

The petitioners in their petition questioning the election requirement of participants to discriminate between political parties that meet the parliamentary threshold, known as parliamentary threshold (PT) in the previous election by the PT are not eligible. In addition, the provisions of PT is considered a just cause legal uncertainty and lead to public disorder. The increase in PT of 2.5 percent to 3.5 percent are considered damaging the diversity of the nation and led to many entities and local communities are embodied not well represented.

In the current provisions of the Election Law does specify that the political parties contesting the elections must meet the vote threshold of at least 3.5 percent of total valid votes nationwide to be included in the determination of the seat member DPR, provincial and regency / city .

Objected to the requirement for participating in the election is also questioned by the National Democratic Party (NasDem), with registration number 55/PUU-X/2012. Nasdem reviewed this Article 8, paragraph (1) and paragraph (2) Election Law.

The Constitutional Court on Friday (6/15/2012) morning, held a preliminary hearing for the second application. The trial conducted by the Panel Achmad Sodiki (Panel Chairman), M. Akil Mochtar and Muhammad Alim. Earlier, on Thursday, the Court has been hearing a PT provision in the Election Law was filed by 22 political parties and individual citizens.

"Political Representative"

In front of the Constitutional Court Plenum, Kader Max Lau SISO PDP states eliminate provisions in the Election Law and the sovereignty of the people’s political representation. The increase in PT and its application in national flat, substantially eliminating the voice of the people to vote in elections, and gave birth to the members of the DPR, the provincial and regency / city that is not elected by the people’s choice. "Thus, the political representation of political representative of the people who actually become electoral purposes to be no, because there is disconnection between people’s choice to represent the people in the DPR, provincial and regency / city," said Max.

Political parties that do not meet the PT, explains Max Lau SISO, not only lost his seat in Parliament, but also at the provincial parliament and regency / city. As a result, many local community entities that are not enclosed and are not represented in the DPR / DPRD province regency / city.

Continuing Max statement, PPDI cadre, Lasmidara stated, the law creates uncertainty formation of law (fair legal uncertainty). Therefore, the applicant has previously received assurances to become party to the 2014 election as stipulated in Article 8 paragraph (2) and the elucidation of Article 8 paragraph (2) Election Law of 2008 which did not distinguish between the political party 2009 election, both political parties that meet the PT and that does not meet PT. Thus contrary to Article 22E Paragraph (1) and paragraph (3) and Article 28D paragraph (1) of the Constitution of 1945," said Lasmidara.

Accordingly, the Petitioners in the petition requesting the Court declared Law No. 8 of 2012 as a whole both formal and material does not have binding legal force. Then declare the Act No. 10 of 2008 Act apply again as the 2014 election.

Verification of the discriminatory

NasDem parties as Applicant 55/PUU-X/2012 number) testing this Article 8, paragraph (1) and paragraph (2) Election Law. Article 8 paragraph (1) states, "Last Election Political Parties that meet the vote threshold from the number of valid votes nationally designated as a political party contesting the next election."

Then Article 8 paragraph (2) states, "A political party that does not meet the threshold of votes in previous elections or a new political party after the election to become Parties to meet the following requirements: a. corporation status in accordance with the Law on Political Party; b. Have stewardship throughout the province; c. Have the management in 75% (seventy five percent) of districts / cities in the province concerned; d. Have the management in 50% (fifty percent) the number of districts in the regency / municipality concerned; e. Include at least 30% (thirty percent) of women’s representation at the national level the management of political parties; f. Having a member of at least 1,000 (one thousand) persons or 1/1.000 (one thousandth) of the total population in the management of political parties as referred to in letter c as evidenced by the ownership of a membership card; g. Having a permanent office for the management at central, provincial, and district / municipal elections until the last stage h. Submit the name, symbol and logo of the political parties to the KPU, and i. Submit election campaign fund account number on behalf of a political party to the KPU.

Nasdem parties through their attorneys, Sondang Tampubolon expressed NasDem Party strongly agreed with the verification process by the Commission. Until now NasDem Party has verified to the district level. NasDem party questioned discrimination in the verification process. "Problems happen, Your Honor, because there is currently no treatment on the problem of discrimination against verification, where the party who did not pass the threshold at the previous election and the new party is required no verification process," said Sondang.

Sondang added that verification requirements PT party have passes in the previous election (Election 2009) in contrast to the existing verification requirement in the 2012 Election Law. "One very striking example, your Majesty, in Article 8 paragraph (2) at point D, here mentioned, has the management in 50% the number of districts in the county in question. While in the previous Act there is no verification requirement to the district level," said Sondang.

In the petition, asking the Court stated NasDem Party of Article 8 paragraph (1) of Law No. 8 of 2012 in conflict with Article 22E (1), Article 28D (1), and Article 28 I (2) of the 1945 Constitution. Then declared Article 8 paragraph (2) of Law No. 8 of 2012 along the phrase "that do not meet the threshold of votes in previous elections or a new political party" is contradictory to Article 22E paragraph (1), Article 28D paragraph (1), and Article 28D paragraph (2) UUD 1945 and has no binding force. (Rosihin Nur Ana / mh/Yazid.tr)