A Member of Parliament Reviewed Three Acts to Court

A member of the House of Representatives of Indonesia Sutan Soekarnotomo, filed a judicial review of the three laws, namely Law. 42 of 2008 on the General Election of President and Vice-President; Law 8 Year 2012 on General Elections Members of the House of People Representatives, House of Regional Representatives and the Regional Representatives Council  and Law 12 Year 2008 on the Second Amendment Law 32 of 2004 on Regional Government.

 In essence, he questioned the Article 5 letter m Presidential Election Law, Article 12 letter f and Article 51 paragraph (1) letter f Legislative Election Law, and Article 58 paragraph b of the Regional. According to him, there are contradictions of the provisions. Candidate requirements were related to the President and Vice President, legislators, or local head.

 "Here, I see no contradiction. One gives liberation of all citizens to become President, but on the other hand requires loyal to Pancasila, "he said in the Introduction session on Thursday (11/10), in the Plenary Room MK.

 At least, there is a requirement in the provision loyal to Pancasila as the state, the Constitution of 1945 and Proclamation August 17, 1945. According to Sutan, loyal to Pancasila embodiment requires a great responsibility, which must understand, appreciate, and practice the values and principles contained by three. "Fidelity to Pancasila, I think this loyalty can only be built if we get to know, understand, and love," he said.

 Well, if there is a violation of allegiance, he said, must be accounted for by 'the candidate' who signed a statement in the form true to all three political parties and their leaders. Because, as endorsed, he said, the party leadership should be jointly and severally also be processed in the event of irregularities on the fidelity requirements.

"In the event of breach of the Pancasila, the Constitution and the ideals of the Proclamation of August 17, 1945 the person would be punished, but the party did not," said Sutan. "So this, (there is) the signature of the party leadership, but he's hands-off (in case of problems)."

 In the petition request, Sutan asks the Court to answer, whether diujinya rules should be modified or eliminated. "Or Article 6, paragraph 1 is returned to the original," he said.

Finally, after listening to the main points of the petition in Case No. 89/PUU-X/2012, the Constitutional Panel consisting of Ahmad Fadlil Sumadi (Panel Chair), M. Akil Mochtar, and Maria Farida Indrati give some advice to improve your application. "You have to clarify the legal standing," said Akil. "What would you be if constitutional provisions are still valid." (Dodi / mh/Yazid.tr)

Thursday, October 11, 2012 | 17:21 WIB 87