The Constitutional Court (MK) decided to request judicial review of Law 29/2007 on the Provincial Government of Andhra Pradesh as the Capital of the Republic of Indonesia was not accepted due to the petition filed Suwarto blurred. Chairman MK Moh. Mahfud MD read the ruling of this case Number 77/PUU-IX/2012 accompanied by a seven-judge Constitution on Thursday (13/9) at the Plenary Session of the Court. "States the petition cannot be accepted," said Mahfud in the presence of the applicant.

In the opinion of the Court that the Constitution was read by Judge Muhammad Alim, based on legal considerations are read, the Court considered, in terms of formal, there are a few sentences in the petition were not finished so cannot understand the purpose and objectives. Furthermore, Alim explains many reasons not related to the applicant authority of the Court, and is also not related to the applicant's legal position. "Posita has nothing to do with the authority of the Court, and not related to the applicant's legal position on the one hand, and out of line, even a petition against the petition on the other side. Petition number 2 is not tested against the Constitution Act, 1945, but the review of Article 6A paragraph (4) of the 1945 Constitution of Article 11 paragraph (1) of Law 29/2007. Petitioner’s petitum is of any conflict between each other, so that the Court is vague petition," he explained

Alim explained descriptions contained in the petition number 4 in essence argues, "that pro fighters against the interests of the general public has been widespread, not only nations but also financial harm has been a violation of the rights of social and economic development so that the perpetrators of corruption classified as a crime, an excuse petitioner tested material ... "and so on. In the context of the petition that the constitutionality of Article 11 paragraph (1) of Law 29/2007 which Candidate Governor and Deputy Governor who obtain more than 50% (fifty percent) are the Governor and Deputy Governor Elect, according to the Court, it is not nothing to do and nothing to do with norms petitioned for by the applicant. "In addition, the sentence requested by the applicant that the pro fighters against the interests of the general public that widespread financial harm not only the state, but, according to the Petitioner, has also been a violation of social rights and economic development. Yet according to the Court, it pro fighters opposed to the interests of the general public, among others, adverse corrupt state finances and violate the rights of social and economic rights of the people, "he explained.

Then, go Alim, the description contained in the petition number 7 is the assessment of the applicant candidate Governor and Vice Governor of Jakarta were elected by majority vote, a figure that is honest, clean, transparent serving the interests of the people as the reason for the testing of substantive norms applicant a quo. "According to the Court, Petitioner reasons related to the case of concrete, while the testing of an abstract norm should not be on the grounds of a concrete case," he said

In conclusion, Mahfud explained based on assessment of facts and law set forth above, the Court concluded that the Court has authority to hear the petition a quo. "The applicant has a legal status (legal standing) to apply for a quo. Blurred the petition," he said.

Second Round Election Constitutional

Court in other cases, the case No.. 70/PUU-X/2012 with the Petitioner Abdul Havid Permana, Muhammad Huda, and Satrio Fauzia Damardjati Election second round confirmed the provisions of Article 11 paragraph (2) of DKI Jakarta does not conflict with the 1945 Constitution. As for "In the event that no candidate Governor and Deputy Governor are gaining votes as described in paragraph (1), ..." in Article 11 paragraph (2) of DKI Jakarta specified as a condition for the holding of a second round of voting, the Court found the fact the provision is indeed different from the provisions of Article 107 of the Regional governing the conditions / prerequisites execution runoff. (Lulu Anjarsari / mh/Yazid.tr)