The existence of a political party (parties) as a political infrastructure in a democracy is a kenicayaan. One effort is to empower political parties to provide the right or authority to the political parties to form factions in the MPR, DPR, and parliament. Factions is a venue for parties to optimize the implementation of the rights and powers that are members of political parties in the Parliament and the Council in order to maximize the performance of duties and functions as the representative institutions in order to defend the interests of the people are channeled through political parties.
Fraction is also a forum for members of political parties to come together and equalize the differences of the various aspirations in order to carry out its duties and functions in representative institutions can be run effectively and efficiently. This is consistent principle in the decision making process adopted in the constitution, namely the principle of consensus agreement. "Related to this, if there is no grouping with members of political factions, it is difficult to realize the principle of consensus agreement, and only forward the decision-making system with one man one vote or a vote."
According to the House of Representatives (DPR) it is submitted by Members of the House of Representatives Commission III Harry Witjaksono before the plenary constitutional judges chaired by Moh. Mahfud MD accompanied by Achmad Sodiki, Harjono, M. Akil Mochtar, Maria Farida Indrati, Ahmad Fadlil Sumadi, Anwar Usman and Hamdan Zoelva on Wednesday (12/9). The trial for the third time the case 72/PUU-X/2012 Happenings Testing Article Article 12 e of Law No. 2 of 2011 on the Amendment Act No. 2 of 2008 on Political Parties (Law on Political Parties) and Testing Article 11, Article 80, Article 301 and Article 352 of Law No. 27 Year 2009 on the People's Consultative Assembly, House of Representatives, Regional Representatives Council and the Regional Representative Council (Act MD3), to hear information from the Government, the Parliament and the witness / experts from the applicant and the Government.
This was said by Harry responded applicant stating the existence theorem fractions formed by political parties in the Assembly, Parliament, and Parliament has ignored the sovereignty of the people of Indonesia, including the applicant cadres spread across 26 provinces in Indonesia.
Furthermore, Harry responded to Petitioners' argument that states Substitution Between Time (PAW) or recall is an action that is not logical because the disconnect between people's representatives with constituents. Harry stated PAW or recall is not directly related to the fraction as argued by the Applicant. The authority proposes PAW or recall under Article 213 paragraph (2) e of Law MD3, is in the hands of political parties and not in the hands of the faction. Papol authorized to impose disciplinary action in the enforcement of its members so as not to deviate from the Statutes or Bylaws (AD / ART) as well as policy and program of work outlined by the political parties. "This is a logical consequence of someone who is a member of an organization, in this case the organization of political parties," he said.
Coordination Function
Government in the information submitted by the Director of Human Rights Litigation Kemenkum Mualimin Abdi stated faction is a grouping of members of the House by the party or coalition of political parties. Fraction is also an extension of the political parties. All House members are party cadres and partailah who participated in the elections. "Therefore, if the factions in the MPR, DPR, provincial and regency / city do not exist, then it is certain members of the House will be run in accordance with the wishes that cannot control," said Mualimin.
The existence of factions is in order to coordinate the more powerful members of Parliament to-use and participate in order to provide or carry out his duties. It is primarily in the context of checks and balancess the implementation of the government in this republic. "The existence of factions in the MPR, DPR, provincial and district / city, is once again in order to function in order to coordinate decision-making, although in certain decisions left to the sovereignty of its members themselves. That's what makes the basis that the existence of factions in the MPR, DPR, provincial and regency-town is one of efficiency also in the framework of coordination, especially efficiency in order to finance itself," said Mualimin.
To note, the judicial and the political party law MD3 Act filed by the National Movement for the Eradication of Corruption (GN-PK). According to GN-PK, the existence of factions in the MPR, DPR, Provincial and District / City has ignored the sovereignty of the people of Indonesia. Sovereignty of the people, who gave a mandate for 5 years to the elected representatives, was eliminated by the presence of factions.
Article 12 e of Political Parties Act states: "Political Parties entitled to: (e) form a faction at the People's Consultative Assembly, House of Representatives, Regional Representatives Council provincial legislatures districts / municipalities in accordance with the legislation."
MD3 Law Article 11 states: "(1) faction is a grouping of members of the Assembly to reflect the configuration of political parties. (2) fractions can be formed by political parties meet the threshold of the vote in the determination of the seat of Parliament. (3) Each member of the Assembly from House members must be members of either faction. (4) Fraction formed to optimize the performance of MPR and members in carrying out their duties as representatives of the people. (5) Internal settings fraction entirely a matter for each faction. (6) Assembly provide for smooth functions faction. "
The establishment faction under the provisions of Article 11 paragraph (4), Article 80 paragraph (1) and (2), Article 301 paragraph (1), and Article 352 paragraph (1) of MD3 is to optimize the execution of the functions, duties and powers of the MPR, Parliament, Provincial and District / City. But the fact is precisely the function was never implemented by the factions. According to GN-PK, the formation of factions is a violation of Article 1 (2), Article 19 paragraph (1) and Article 22c paragraph (1) of the 1945 Constitution. (Nur Rosihin Ana / mh/Yazid.tr)
Wednesday, September 12, 2012 | 19:34 WIB 164