Act 32/2004 (Local Government Act) re-applied the test to the Constitutional Court (MK). This time two voters in the General Election Jakarta registered as a registered applicant with number 87/PUU-X/2012, namely Henry and Karsiyono.
In the principal application read by Veri Junaidi as Petitioner's attorney felt harmed by the enactment of Article 69 paragraph (1) of the Regional. The article was judged to have eliminated the right to vote of citizens over the age of 17 years and / or have been married for errors or omissions imposed organizing elections to citizens. Through Constitutional Court Decision No. 102/PUU-VII/2009 the provisions of Article 28 and Article 111 of Law No.. 42 of 2008 on the General Election of President and Vice President stated that the requirement to be registered as a voter is unconditional constitutional right to vote does not eliminate all the citizens who are not enrolled in the DPT.
"Petitioner I and II have the right to vote in accordance with Article 68 of the Regional, the presence of Article 69 of the Regional harm constitutional rights of the applicant. Potential experience can not exercise their voting rights in the election of Jakarta. The overall quality of the applicant meets voters in Government Act. The problem is the obligation of registering the election in accordance with Article 74. With this provision, the election shall be signed or not because it is the right of citizens. Article 69 of the Regional that cause people to lose their right to vote is not fair. Has removed the voting rights of citizens who have to meet the age of 17 years," he explained.
Meanwhile, in petitum, Petitioner asked the Constitutional Council to grant the petition. "Or at least declare that Article 69 paragraph (1) shall be read that those who are not registered can pick all 17 years old or married, and provided that: a) In addition to Indonesian citizens who are not registered in the DPT may exercise their voting rights by show Identity Card or valid passport valid for Indonesian citizens abroad. b) Residents of Indonesia which is using ID cards to be equipped with a Family Card or name like. c) The use of the right to vote for citizens of Indonesia which using a valid ID card can only be used in place vote, which was in RT / RW or the name of the like according to the address listed on the ID card. d) Indonesian Residents as mentioned in point 3 above, before voting first enroll in local KPPS. e) Indonesian citizen who will use their voting rights to ID cards done in 1 hour prior to the completion of voting at polling stations or polling local overseas," said Veri.
Constitutional judges chaired by M. Akil Mochtar, Anwar Usman, and Hamdan Zoelva. They provide advice to the applicant. "Petitum Petitioner requested that Article 69 paragraph (1) of Government contrary to the 1945 Constitution and have no binding legal force or at least to declare that Article 69 paragraph (1) shall be read that those who are not registered can pick all 17 years old and or married, with conditions. The applicant must determine what the article stated constitutional conflict or conditional, "he explained.
Constitutional judges 14 days to allow time for the applicant to make improvements. The next trial is repairing review. (Lulu Anjarsari / mh/Yazid.tr)
Friday, September 21, 2012 | 17:43 WIB 97