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The Constitutional Court held a hearing again of materials of Article 12 letters k and Article 68 paragraph (2) letter h Act 8/2012 on the General Election of House of People\'s Representative, House of Regional Representatives and the Regional Representatives Council filed by Noorwahidah and Zainal Ilmi, two civil servants (PNS) in the Ministry of Religious Affairs, in the Plenary Room of the Constitutional Court (MK), Thursday (14/2).

 

The petitioners were represented by legal counsel Saleh and Dedy Cahyadi, told the panel of judges headed by Constitutional Akil Mochtar, it has made an application improvements, including confirmation of the Applicant\'s legal standing as a civil servant, who plans to run in the 2014 election as a member of the House of Regional Representatives (DPD).

 

Saleh explained that the provisions in the Act that requires civil servants legislative elections to resign permanently if run for the DPD. But in the Principles of Civil Law there is provision for civil servants who served as state officials, are only obliged to resign temporarily as civil servants. With two different provisions for civil servants, has created legal uncertainty and there Petitioner\'s constitutional rights were potentially harmed.

 

In an interview after the trial, Saleh asserted that the provisions of the Act the legislative elections to be canceled. "Obviously we want that the provisions of article 12 and article 67 or 68, which requires a civil servant who developed a DPD candidates should resign, it should be canceled," pleaded Saleh.

 

According to the DPD and the House is different, due to the requirement to run as a member of the House of Representatives one must enter the political party, which is expressly prohibited by law, whereas for someone who is running for Council members, are only required to collect evidence of support from the community, a copy of National Identity Card (KTP).

 

The case was registered No.12/PUU-XI/2013 examined the letter k norm of Article 12, which states, "An individual referred to in Article 11 may be after the election Participants meet: .... k. resigned as regional head, deputy head, civil servants ...., which is expressed by the letter of resignation is irrevocable. " Furthermore, Article 68 paragraph (2) letter h, "Completeness administration DPD candidates referred to in paragraph (1) as evidenced by: ... h. letter of resignation cannot be withdrawn as the head of the region, civil servants ... ". (Inspiration / mh)

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