The Existence of MPR, DPR, DPD, and DPRD Factions Reviewed in Court

Act 2 of 2008 on Political Parties in conjunction with Law No. 2 Year 2011 on Amendment of Law no. 2 of 2008 on Political Parties (Political Party Law) and Law No. 27 of 2009 on the MPR, DPR, DPD, and the Parliament (Act MD3) re-applied for the test to the Constitutional Court (MK). Preliminary trial with the agenda of the Constitutional Court held on Thursday (9/8) at the Plenary Court Room. The registered cases 72/PUU-X/2012 filed by the National Movement for the Eradication of Corruption (GN-PK).

During the session, chaired by the Vice Chairman of the Constitutional Court Sodiki Achmad, the applicant is represented by a lawyer, M. Arifsyah Matondang, testing out the Political Party Law Article 12 and Article 11, Article 80, Article 301, Article 352 of Law MD3 is deemed to have violated constitutional rights. Based on AD / ART Party can be seen that the existence of factions in the MPR, DPR, Provincial DPRD and Regency / City is part of the management structure of political parties, appointed, elected, removed, and accountable to political parties and factions also is an arm of political parties that formed it or not part or chart / fittings from the MPR, DPR, Provincial DPRD and Regency / City. In addition, continued Arifsyah, the existence of factions ub MPR, DPR, Provincial DPRD and Regency / City which is part of the management structure of the political party was financed by the state budget, the Provincial Budgets and Budget Regency / City, so the use of state money is not for the activities of state agencies but to the activities of political parties and it is a form of peculation.

"The factions in the MPR, DPR, DPD Province / Regency / City in conflict with Paragraph 1 (2), Article 2, Section 3, Article 5, paragraph (1), Article 7A, Chapter 7B, Article 8, Article 9, Article 11 , Article 13, Article 18 paragraph (3) of Article 19, Article 20A, Article 21, Section 22B, Article 22C, Section 22D, Chapter 22E, Section 23F, Article 24C Paragraph (2), Article 37 paragraph (1) of the 1945 Constitution. The existence of factions is to prevent wastage of public finance Rp 27 trillion," said Arifsyah.

Responding to the request, the panel of Judges Maria Farida Indrati and Anwar Usman provide feedback and improvement requests to the applicant. "It should be pointed losses due to the enactment of constitutional article. The applicant must also explain in detail and causal relationship between the validity of a quo article with a constitutional loss," explains Sodiki.

Justices of the Constitutional Assembly gives time to the applicant for 14 days to make improvements to the petition. The next session of the examination would be improvement. (Lulu Anjarsari / mh/

Monday, August 13, 2012 | 06:47 WIB 147