Petitioner Stated Allocation Mechanism of Chair in Law on Legislative Elections Conditionally Constitutional
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Mechanisms of determining the allocation of seats and constituencies in Law 8 Year 2012 on General Elections Members of the House of Representatives, Regional Representatives Council and the Regional Representatives Council (Legislative Election Law) is contrary to the Constitution. Therefore, it has resulted in legal uncertainty.

Similarly, it was stated by the Petitioner Attorney Veri Junaidi, in the Introduction session on Friday (12/10) at the Plenary Court. According to Veri, the Legislative Election Law Annex has strongly deviates the principle of equality. "That one of the principles of democratic elections equality of votes as it is commonly known as 'opovov' of one person, one vote, one value," he said.

It should, he said, the principle of equality is implemented in the division of electoral districts and the allocation of the total seats in the House of Representatives to each seat. "In determining the allocation of seats and electoral voters should consider equality regardless of ideology, religion, ethnicity, region, and so forth," he said. "Therefore, the principle of representation is the representation of the House of Representatives or a resident, not a representation of the region as well as the Council."

If observed, further Veri, attachments of Legislative Election Law is a set without using the attachment method of calculation and determination is clear. The attachment is the same as in the attachment Law 10 of 2008 on the current Legislative Election 2009 General Election.

He added that, because it does not apply the principle of equality in determining the allocation of seats and the establishment of electoral districts in the legislative election law resulted in some provinces having over represented so there exceeds the number of seats and the number should actually underrepresented in several provinces.

Consequently, there is inequality between the constituency seat prices. "Prices are overrepresented in the chair less than some seats in underrepresented areas," he said in court Case No.. 96/PUU-X/2012 filed by the Association for Elections and Democracy (Perludem) and the Society of Indonesia Paeliamentary Center (IPC).

Finally, he considered, the attachment force has unequivocally real and contrary to Article 27 paragraph (1) of the Constitution of 1945.

She concluded, the provisions of Article 22 paragraph (5) Election Law Legislative precisely executed directly attach the division of electoral districts and the allocation of seats Parliament with no clear mechanism. "So the enactment of Article 22 paragraph (4) and (5) has strongly opposed it by Article 28D paragraph (1) of the 1945 Constitution," he said.

Therefore, in petitum, Petitioner asks the Court to declare Article 22 paragraph (4) Legislative Election Law, is unconstitutional along readable determination parliamentary election district based on data from the population census conducted by changing the provisions of the electoral district in the last election under the provisions of paragraph ( 2).

In addition, the appendix states the Legislative Election Law, the constitutional requirement is to order the Commission to re-do the calculation and determination of the number of seats in each province and district elections as listed in Attachment Law. 8 in 2012 on the General Election of Members House of Representatives, Regional Representatives Council and the Regional Representatives Council circuitry proportionally to population.

The content of Article 22 paragraph (4) was reviewed are as follows: "(4) Determination of regional legislative elections by changing the provisions of the electoral district in the last election under the provisions of paragraph (2)." (Dodi/Yazid.tr)


Friday, October 12, 2012 | 18:19 WIB 77