Cases registered with 3/SKLN-X/2012 number, namely the case of State Institutions Dispute Authority (SKLN) between the General Elections Commission (KPU) to the Papua People’s Representative Council (DPRP) was held again today, Friday (6/7). This second session of the trial is to repair requests. Applicant in the siding was chaired by Akil Mochtar said that it has improved the petition on the advice of the panel of judges at the preliminary hearing before.
KPU commissioners while simultaneously acting as an authorized applicant, Ida Budhiati convey the points of improvements made by it. As expressed by Ida, the Applicant in the repair request is in compliance with formal requirements as set forth in the Constitutional Court Regulation (PMK) about the parties in dispute on the Authority of the State Institutions, the Election Commission and the Regional Government of Papua Province presents DPRP and the Governor. "We also strengthened the legal standing argument between the Applicant and the Respondent," said Ida.
Ida also said it had been in the repair of these reinforces the application of a constitutional dispute between the Commission with the DPRP. Back Ida explained, under the provisions of Section 22E of the 1945 Constitution, the Commission has the constitutional authority to hold elections, including elections of regional head election that has become the regime after the publication of Law no. 32 of 2004. Law no. 32 of 2004 specifies that the election of regional head / vice head of the democratic management by the principles of direct, general, free, confidential and the provisions of Law no. 32 of 2004 also break the hierarchy between the Central Election Commission with the regional commissions.
"Such policies are inviting the public reaction and the collective consciousness of policy makers, and then the Law was issued. 22 of 2007 which can be interpreted that the election part of the regime’s election by the Election Commission held a national, permanent, and independent, as referred to in Article 22E of the 1945 Constitution. With the publication of Law no. 32 of 2004, Law no. 22 in 2007 it made changes to the Special Autonomy Law. 21, 2001 to delete Article 7 paragraph (1a) with perpu which also has been passed into Act 35 of 2008 which expressly remove the authority of the DPRP to hold gubernatorial elections," said Ida at length about his party’s constitutional authority to another meant by the DPRP.
Still associated repair requests, Ida says it has made improvements to the petition requests the advice of the panel of judges at the first trial. "As pointed out advice, opinion some time ago, we were specifically asked to the Honorable Judge of the Constitutional Assembly, accept, grant the petition in its entirety. Respondent states have no constitutional authority to conduct the General Election on special regulation (Perdasus) No Papua. 6 In 2001, the Applicant states and the Commission of Papua province have the constitutional authority to order the technical guidelines for each stage of the election and technically implement the election of Governor and Deputy Governor of Papua, "explained Ida about the changes his party petition.
At the end of his presentation, Ida also requested that the Court may issue interim decision to stop all phases of the election of Governor and Deputy Governor of Papua up to a further decision of the Constitutional Court. Ida said it was necessary to consider the applicant’s point of view that the election by the DPRP unconstitutional and potentially cause disputes, and legal uncertainty, and potentially also the occurrence of the budget as implemented by the DPRP who do not have the constitutional authority to conduct the General Election of Papua.
In the trial this time Petitioner submitted written evidence, which is Exhibit P-1 through P-19 declared invalid by Akil. "The applicant, as proof you how in this case P-1 through P-19, huh? Well, while we validate for now. See you after the RPH if this continues you certainly have the right to submit additional evidence. Evidence of Applicant 1 to 19 declared invalid," Akil said as he knocked the hammer. (Yusti Nurul Agustin / mh/Yazid.tr)
Friday, July 06, 2012 | 18:13 WIB 138