Review on Existence of Faction in MPR, DPR, and DPRD Wait for Verdict

Constitutional judges give time to the National Movement for the Eradication of Corruption (GN-PK) as a judicial applicant about the existence of factions in the MPR, DPR, and the Parliament, to deliver the final conclusion no later than Wednesday, October 10, 2012. The final conclusion of the parties (applicant, the Government) directly submitted to the Registrar of the Constitutional Court (MK) without going through the trial process.

After that, the Court will discuss in the Consultative Meeting (RPH) to take a decision. "After the conclusion of entry, the new Court will schedule a discussion and pronunciation of the verdict," said Moh. Mahfud MD on Wednesday (03/10/2012) while leading the plenary session for the case 72/PUU-X/2012 Happenings Testing Article Article 12 paragraph e of Law No. 2 of 2011 on the Amendment Act No. 2 of 2008 on Political Parties (Political Party Law) 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).

The trial was originally beragendakan fifth time listening to expert testimony from the Applicant. But apparently a last hearing because Petitioner promised expert, was unable to attend. "The applicant had been due to present day experts, but the experts we consulted were still out of town. So, to shorten the time, may go directly to the conclusion, "said attorney GN-PK, Nur Aliem.

Hearing this, Mahfud MD offered to the government is considered sufficient legal proceedings, or still intends to open the hearing again. The government in this case represented by Mualimin Abdi from the Ministry of Justice and Human Rights, Romualdo Manurung and Dewa Nyoman both from the Interior Ministry, said the trial fairly. "I think so, Your Honor, please," said Abdi 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/

Wednesday, October 03, 2012 | 18:52 WIB 125