Terms of National Political Party Harms The Equity Political Rights

The existence of several political parties (political parties) who made significant voice at the Provincial Council and District / City in some areas, a fact brought political support of local communities are not always aligned with the same support for the party at the national level (DPR RI). Provision requiring political parties in Indonesia has a national stewardship is setting a potentially injure the right of every person to release your mind and join organizations freely, and clearly contrary to the purpose of regulating freedom of expression in public for citizens.

Those are Andriyani and Jamaludin petition presented in the trial attorneys in the Constitutional Court (MK), Monday (08/10/2012) afternoon. Session Case Number 94/PUU-X/2012 particulars of Article 1 paragraph 1 and Article 3, paragraph (2) letter c Law 2 Year 2011 on Amendments to Law 2 of 2008 on Political Parties, and Article 8, paragraph (2) letter b, c and d Law 8 Year 2012 on General Elections Members of the House of Representatives, Regional Representatives Council and the Regional Representatives Council.

Article 1 paragraph 1 states the Political Party Law, "Political Party is a national organization and was formed by a group of Indonesian citizens voluntarily on the basis of similarity of the will and aspiration to promote and defend the political interests of the members, the community, state and nation, as well as maintain the integrity of Unitary Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia Year 1945. "

Jamaludin and Andriyani felt his constitutional rights as a condition of limited political interests of a national party. Both lose the right to establish political parties (political parties) that are legal entities and community-based areas each having specificity. Although the applicant may carry individual candidates in an election, but the applicant does not have the right to recall or withdraw his support as a right granted to political parties.

"If the petition is granted to the Petitioners, the representation of the applicant in community-based parties in the region will provide a balance so that the aspirations and interests can be distributed evenly, which is not necessarily based on a national level," said Iskandar Zulkarnaen, attorney Jamaludin and Andriyani.

Construction of Article 3, paragraph (2) letter c Political Parties Act and Article 8, paragraph (2) letter b, c, and d Pileg Act, has closed the possibility of a political party that just being in a province or a district / city alone. Supposedly, Pileg Act opens the possibility to deliver local-level political party with its staff to impose national requirements as a prerequisite to follow the election.

Hamdan advises if the applicant reconsider the petition mainly on systematic application. "Try you think of it, if indeed you ask the local party, yes local parties only, remain a national party like it's condition," said Hamdan, adding that in the Aceh local parties are standing on the condition itself.

Meanwhile Constitutional Justice M. Akil Mochtar advises the applicant to better understand the purpose of the formation of political parties and establishment requirements. "The objective of political parties is a means or vehicle for political education for members of political parties and the public," said Akil. (Nur Rosihin Ana / mh/Yazid.tr)

Monday, October 08, 2012 | 19:00 WIB 120