Former Prison Inmates Asked the Court to Accelerate the Judicial Review

Petitioner in judicial review of Act 12/1995 on the Penal Sudirman Hidayat and H. Samsul Hadi Siswoyo through their attorney, Andi Muhammad Asrun forward to the Constitutional Court (MK) to immediately denounce cases tested. Both will advance regional head election (Election). "I hope the decision is not too long because there are practical interest of the Petitioners is going forward in the elections around October," said Asrun hope. It is presented before a panel of judges M. Akil Mochtar (panel chairman), Hamdan Zoelva and Anwar Usman in the trial in the Constitutional Court on Tuesday (09/11/2012) afternoon.

Responding to the request, the chairman of the panel of judges M. Akil Mochtar stated it is a cliche The petitioners hope that litigants in the Court. "All the applicant has the same hopes, his case requested accelerated," said Akil.

Regarding the desire of the Petitioners who want to advance in the General Election, Akil suggested that the applicant immediately apply to the Commission. Then the constraint requirement prospective regional head / deputy head may follow later after a decision of the Court. "If it's a list, the list only once, did nothing about baseball," said Akil.

The second trial for the case 79/PUU-X/2012 Happenings Testing Law No. 12 Year 1995 on Corrections (Article 3 with description) is repair requests. Improvement submit applicant through proxies such as the test section and add a chapter test.

"So we submitted the petition for judicial review is the explanation of Article 3 and Article 3 of Law No. 12 Year 1995 on Corrections, Article 58 letter (f) of Law Number 32 Year 2004 on Regional Government amended the Act in part by Number 12 of 2008 on the Second Amendment Act No. 32 of 2004, Article 12 point (g) and Article 51 paragraph (1) letter (g) of Law No. 8 of 2012 on the General Election of Members of Parliament, the House of Representatives Region and the Regional Representative Council against the 1945 Constitution," said Andi Muhammad Asrun submit repair requests.

Asrun argue these articles create legal uncertainty so contrary to the constitution. Asrun asked the Constitutional Court to interpret Article 3 of the Penal Law which states: "The prison system serves residents prepare Patronage of Corrections in order to integrate with the community healthy, so it can be played back as a society of free and responsible."

Court interpretations that Asrun wanted is the provisions of Article 3, namely that the definition of a free and community members are responsible for including in the case to be elected as regional head and deputy regional head or the right to be candidates for the House of Representatives, Regional Representatives Council and House of Representatives Regional People. "It should not be happening barriers for the implementation of the political rights of the Petitioners, since Indonesia is a democracy where every citizen has the right to elect and be elected," said Asrun.

Asrun adds, in Article 43 paragraph (1) of Law 39/1999 on Human Rights clearly stated that: "Every citizen has the right to be elected and to vote in elections based on equal voting rights through direct, general, free, secret, honestly and fairly in accordance with the provisions of the legislation. " Political rights are universal and in accordance with the teachings of the law (legal doctrine) that need to be applied in political life.

"But it happens that the Petitioners are facing obstacles ahead to carry out their political rights because as a former inmate who was convicted and serving a sentence of 5 years and therefore could not carry out their political rights" clearly Asrun. (Nur Rosihin Ana / mh/

Tuesday, September 11, 2012 | 20:14 WIB 91