Petitioner Fixed Constitutionality Review of Electoral District Establishment
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The provisions regarding the establishment of Electoral Districts candidates for members of parliament and district / city in Act 8 of 2012 on General Elections Members of the House of Representatives, Regional Representatives Council and the Regional Representatives Council applied by Hadi Setiadi , re-tested in the Constitutional Court (MK), Tuesday (11/27/2012) afternoon. The trial for the second times in case 109/PUU-X/2012 is to repair requests.

Before a panel of constitutional judges M. Akil Mochtar (panel chairman), Ahmad Fadlil Sumadi, and Maria Farida Indrati, Hadi Setiadi states he have improved the petition on the advice of a panel of judges at a preliminary hearing that was held two weeks ago. At that time, the panel’s chairman M. Akil Mochtar advises Hadi Setiadi to improve the structure of the application as usual litigants in the Court. Akil also suggested that Hadi improves legal status along with the descriptions.  

Hadi said the petition had been completely overhauled, including changing the application and petition. "In this second plea hearing improvement, repair my petition," said Hadi. Hadi brings evidence P-1 to P-4 files containing the letter and receipt, and paper.

For information, Hadi who once ran for parliament members of Cianjur of the Reform Star Party in legislative elections in 2004, was impaired rights with the enactment of Article 24 and Article 27 of Act on Legislative Election. Hadi and prospective members of parliament harmed or potentially harmed from the formation of constituency.

Act on Legislative Election Article 24 states: "(1) election of members of the Regional Council is the provincial regency / municipality, or a combination of district / city. (2) The number of seats per electoral district provincial legislators at least 3 (three) seats and a maximum of 12 (twelve) seats. (3) In determining the area of election referred to in paragraph (1) shall not apply to use part of the determination of electoral districts / cities. (4) Further provisions concerning electoral districts and the allocation of seats in the provincial parliament referred to in paragraph (1), paragraph (2), and paragraph (3) stipulated in the Commission."

Article 27 of Act on Legislative Election states: "(1) member of the Regional Council election districts / cities is district or joint district. (2) The number of seats per electoral district member of regency / city at least 3 (three) seats and a maximum of 12 (twelve) seats. (3) In determining the area of election referred to in subsection (1) is not applicable, the determination of electoral districts or uses the other name. (4) Further provisions concerning electoral districts and the allocation of seats in the regency / municipality referred to in subsection (1), paragraph (2), and paragraph (3) stipulated in the Commission."

Hadi said the provisions of electoral district formation in the Act on Legislative Election are multiple interpretations. Therefore, it argues, is contrary to the provisions of Article 28D paragraph (1) of the 1945 Constitution: "Every person has the right to recognition, security, protection and legal certainty of fair and equal treatment before the law." (Nur Rosihin Ana / mh/Yazid.tr)


Tuesday, November 27, 2012 | 17:53 WIB 84