Judicial review of Act No. 2 of 2008 on Political Parties in conjunction with Law No. 2 Year 2011 on the amendment of Law no. 2 of 2008 on Political Parties (Political Party Law) and Law No. 27 Year 2009 on the MPR, DPR, DPD, and Parliament (Act MD3) held back the Constitutional Court on Tuesday (25/9). National Movement for Corruption Eradication (GN-PK) was recorded as Petitioner cases registered in 72/PUU-X/2012 by Registrar of the Court.

In the trial to hear witnesses and experts Petitioner, Petitioner presented two experts, the expert in Constitutional Law Harun Al Rashid and Irman Putra Sidin. Irma in his statement revealed the existence of factions born of political necessity is not necessarily to 'delegate' sovereignty of the people belonging to the 'hand' of MPs. This, according to Irma, it will make people feel their sovereignty looted. "The existence of factions is not regulated in the Constitution, but if this is the basis of the existence of factions on political needs, the community may be feeling sovereignty. It may be that the public will also feel the presence of the fraction, which inhibits their right to promote themselves in the fight for the right to reach the destination country. Sovereignty never told lawmakers chosen for five years, let alone political origin MPs. Sovereignty remains in the hands of people who do not delegates representative function of parliament is that no other instrument as the work of the institution and for the people," he said before the panel of judges, chaired by Chief Justice of the Constitutional Court, Moh. Mahfud MD.

Responding to Mahfud’s question, how to overcome the problem of many members of the House who do a 'mistake' when factions still exist, especially if lawmakers work individually, Irman also add that a significant fraction became 'log bridge' issue of political parties is to the parliament. "Containers or faction is not really a problem, if in the future set in the Law on Political Parties. Do not invade or gripping parliament. Do not let it turns out that holding power is nine or nine dragon force behind this political party. While 560 people if thought to what the people of Indonesia pick up that much, if this is so. Why do not we might as well just choose a political party? If the problem behavior, I think there is an instrument itself in the body of the board, for example an honor. But the quality of MPs remains the responsibility of political parties," he said.

In the trial, the witness also presents Member of Parliament from the PKB faction Effendie Choirie and Lily Wahid. Choirie revealed that only political faction, but the faction first and second reform period with the period of 2009 is somewhat different. "For the last period, the Parliament elected by majority vote, not on the full number, then the existence of the Parliament should be more concerned with the substance of the people's interests rather than the interests of the party that is often distorted by party leaders or perhaps another language, the interests of the oligarchy of the party leadership. Therefore, the existence of factions became irrelevant when they are castrated or too dominant to impose its will upon its members. In fact, members should seek more public interest," said Choirie.

At an earlier hearing, Petitioner was represented by his attorney, M. Arifsyah Matondang, examined the Political Party Law Article 12 and Article 11, Article 80, Article 301, Article 352 of Law MD3 deemed to have violated the constitutional rights of the Petitioner. By AD / ART Party can be seen that the existence of factions in the MPR, DPR, Provincial and District / City is part of the management structure of a political party, appointed, elected, removed and accountable to their political parties and factions is also an extension of the from forming a political party or not part or chart / tool kits from the MPR, DPR, Provincial and District / City. In addition, continued Arifsyah, where both factions of MPR, DPR, Provincial and District / City which is part of the management structure of a political party turns dibiayaai by the state budget, provincial budget and the budget regencies / cities, so the use of state funds not for the activities of state agencies but for the activities of political parties and it is a form of peculation. "Factions in the MPR, DPR, DPD Province / District / City contradict 1 paragraph (2), Article 2, Article 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, Section 21, Article 22B, Section 22C, Section 22D, Section 22E, Section 23F, Section 24C (2), Article 37 paragraph (1) of the 1945 Constitution. Significant fraction of the country's financial wasteful Rp 27 trillion," said Arifsyah. (Lulu Anjarsari / mh/Yazid.tr)