Review of Act on Political Party and Act on Legislative Election: Petitioner Asked Political Party Should be locally and nationally

Judicial review of Law No. 2 of 2011 on the Amendment Act No. 2 of 2008 on Political Parties and Law No. 8 of 2012 on the General Election of Members of the House of Representatives, Regional Representatives Council and House of Representatives Regions (UU Pileg) back on trial in the Constitutional Court (MK), Monday (10/22/2012) afternoon. The trial was the second time the petition improvement agenda for the cases registered with the Clerk of Court No. 94/PUU-X/2012, carried out by the Constitutional Court Hamdan Zoelva Panel (panel chairman) accompanied by members of the panel, Harjono and M. Akil Mochtar.

Panel Chairman Zoelva Hamdan said it had received a request to repair October 19, 2012. Hamdan see many things that are fixed in the application. In essence, the applicant requested that the existence of political parties is not only national, but also possible are local. "The party's local limits only the provincial or district and the city, it is not yet clear. That you (want) only the provincial level only, or both?" said Hamdan Zoelva. "Two of them were the judges, each province and district," said Iskandar Zulkarnaen, the applicant's attorney.

Supposedly, said Iskandar Zurkarnaen, when pendirikan political parties in the statutes mentioned are local district / city and provincial levels, as well as national. "So, there are three possibilities, yes, national, provincial, district / city," said Hamdan.

The panel will report to the plenary of judges to determine whether the judicial review of Law and the Law on Political Parties Pileg will continue at the plenary session by inviting the government and parliament. "I think the judge plenary quite get here, it will instantly verdict. It really depends on the consent of the judge on this case," said Hamdan.

Before closing the hearing, the panel of judges endorsed evidence. The petitioners filed seven items of evidence, which is evidence of P-1 to P-7 which among others, the 1945 Constitution, Act No. 8 of 2012 on General Elections, the Law No. 32 Year 2004 on Regional Government, Law No. 11 Year 2006 on the Governing of Aceh.

To note, the judicial and the political party law was filed by the law Pileg Jamaludin and Andriyani. The material is tested, namely Article 1 paragraph 1 and Article 3, paragraph (2) letter c Law. 2 Year 2011 on Amendments to Law no. 2 of 2008 on Political Parties (Political Party Law) 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 (Act on Legislative Election).

Article 1 paragraph 1 of Law Political himself stated, "Party Politics 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 maintaining integrity of the 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.

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 vote. (Nur Rosihin Ana / mh/

Monday, October 22, 2012 | 16:41 WIB 83