DPD Fixed Judicial Review’s Petition
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Application of House of Regional Representatives (DPD) on reviewing Act on MD3 and Act on P3 in the Constitutional Court (MK) into fixation, Wednesday (10/10). Case 92/PUU-X/2012 was held in Room Plenary Court, the Constitutional Court headed by Hamdan Zoelva, accompanied by Constitutional Justice Ahmad Fadlil Sumadi and Akil Mochtar, respectively as members.

In a repair request, DPD deliver improvements in accordance with the directions and instructions of the Constitutional Assembly, the systematic regarding the petition, legal status (legal standing) The applicant, improving conditions tested, interpretation of provisions contained in the 1945 Constitution, and the addition and grounding theory, including the petition request is also improved by the DPD.

"Completion of legal standing in court, we have to clarify a state institution. Clarify the constitutional rights that natural, we also we have been doing," said one of the DPD Applicant's attorney.

Furthermore, the Council, the interpretation of the words contained in the petition is also in accordance with the directions of constitutional judges. Furthermore, Petitioner continued, as the theoretical basis used in this application is the theory of democracy, the theory of checks and balances in the legislative function, responsive legal theory, and the theory of legislation, as well as the construction of DPD in the state system are also included in this application.

"The theory used is democratic theory, the theory of checks and balances in the legislative function, responsive legal theory, the theory of legislation, and in accordance with the direction of the noble, the construction of DPD in the state system," said Council through its legal counsel.

According to Hamdan, chairman of the hearing, the petition will be taken in the Consultative Meeting (RPH), then the parties concerned to prepare expert / witness to testify in the plenary. Meanwhile, a number of parties will be heard testimony, including the People's Consultative Assembly (MPR), as they relate to the structure of state administration.

"The government and the House of Representatives (DPR) will be heard; maybe we will invite the Assembly, as it relates to constitutional structure. The parties also requested to prepare specialists," said Hamdan would end the current trial.

DPD in this case is represented symbolically DPD Chairman Irman Gusman, Vice-Chairman of the Council of La Ode Ida, and Vice Chairman of DPD Gusti Kanjeng Ratu Hemas who examined the articles in MD3 Act (Act No.. 27/2009 on the People's Consultative Assembly, the Council Representatives, Regional Representatives Council and the Regional Representatives Council), and P3 Act (Act No.. 12/2011 on the Establishment Regulation Legislation) of the 1945 Constitution.

The articles being tested is Article 71 letter a, d, e, f, and g, Article 102 paragraph (1) letter d and e, Article 107 paragraph (1) letter c, Article 143 paragraph (5 ), Article 144, Article 146 paragraph (1), Article 147 paragraph (1), subsection (3), subsection (4), and paragraph (7), Article 150 paragraph (3), subsection (4) letter a, and subsection (5), Article 151 paragraph (1) and paragraph (3), Article 154 paragraph (5) Law No. 27/2009 to the 1945 Constitution.

Furthermore, Article 18 letter g, Article 20 paragraph (1), Article 21 paragraph (1), Article 22 paragraph (1), Article 23 paragraph (2), Article 43 paragraph (1) and paragraph (2), Article 46 paragraph (1), Article 48 paragraph (2) and (4), Article 65 paragraph (3) and paragraph (4), Article 68 paragraph (2) letter c and d, Article 68 paragraph (3), subsection (4) letters a, and paragraph (5), Article 69 paragraph (1) letters a and b, and paragraph (3), Article 70 paragraph (1) and paragraph (2) of Law No. 12/2011 to the 1945 Constitution.

According to the DPD, the articles contained in the Act a legislative function quo have hurt the country's institutions. "Law and Law MD3 P3 has weakened the existence Petitioner, having been emasculated legislative function Petitioner became meaningless," said DPD in his petition. (Shohibul Umam / mh/Yazid.tr)


Wednesday, October 10, 2012 | 20:37 WIB 122