Judicial Review of Act on Legislative Election: Petitioner Embed Calculation Method of Appropriations Chair of the House
Image


The trial continued on reviewing Act 8/2012 on General Elections Members of the House of Representatives, Regional Representatives Council and the Regional Representatives Council (Legislative Election Law) was held back by the Constitutional Court on Monday (29/10). The trial of cases registered with the Registrar of the Constitutional Court number 96/PUU-X/2012 is headed by M. Akil Mochtar. In the trial of repair request, Veri Junaidi as Petitioner's attorney expressed some improvement requests made by it. These improvements include repairing the reason the application and petition. "We made a change in point 28 that the Act of 1945 there has been arranged that two types of state agencies, the DPR and DPD. Where Parliament, he represents as a representation of the people and DPD represent regional representation. It is a political choice and choice of law so that no further allocation of seats, 50% seats in Parliament for Java, and 50% for areas outside Java, as the Law No. 15 Year 1969 on the Election of Members of the General People's Consultative Board. So the consequences of this choice, the count or the allocation of parliamentary seats should match the number of residents in the immediate area, "he explained. In addition, Veri explain to cover the weaknesses of this balance, and then there is the Regional Representative Council was formed precisely to reinforce or compensate for the shortcomings and lack of representation at the level of regions outside Java. Veri continued that he has listed and included some arguments and some of the methods of calculation and allocation of parliamentary seats. "We use pure quota method and divisor Webster because these two methods by an election seen as a fairly proportional method, argument and way points tally was 30," he explained and represented the Association for Democratic Elections (Perludem) and the Association of Indonesian Parliamentary Center (IPC ) as an applicant. He also explained has made improvements on the argument in point 32, the associated methods that cause over-represented and under-represented. In addition, Veri also attach the results of calculations performed by the Applicant. "For example, for the under-represented regions, there is Central Java, Yogyakarta, West Kalimantan and Riau Islands. There, accompanied by a number of counts, the price of each chair. In addition, we also attach some data and document the results of the Petitioner calculations related to the ratio of allocation of seats in the House of Representatives, 560 proportionately, provided that a minimum of three seats each province with a pure quota method and divisor method, and compare it with attachments Law Number 8 In 2012," he explained. In the trial which was also attended by Maria Farida Indrati and Hamdan Zoelva, passed five evidence submitted by the applicant. "So, you have improvements to accommodate all the things made by the judges earlier. To that end, the trial is sufficient. Later to this report to Plenary Panel, Meeting judge as to whether your application will be continued in the Plenary Session or not, will you wait for a call from the Court," said Akil. In his petition, Petitioner argues allocation mechanisms and the determination of electoral seats in the Law. 8 Year 2012 on General Elections Members of the House of Representatives, Regional Representatives Council and the Regional Representatives Council contrary to the 1945 Constitution because it has resulted in legal uncertainty. The Legislative Election Law Annex has strongly deviates the principle of equality. Appendix Legislative Election Law is a set without using the attachment method of calculation and determination are 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 overrepresentated 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. (Lulu Anjarsari / mh)


Monday, October 29, 2012 | 17:31 WIB 126