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House of Peoples Representatives (DPR) and the Government delivered opening statement to the Case 2 and 6/PUU-XI/2013 on judicial review of Act on General Election of Members of House of Peoples Representatives, House of Regional Representatives and the Regional Representatives Council, Monday (18 / 2). Both the House and the Government declared Article 22 paragraph (1) and paragraph (5) Law no. 8 in 2012 petitioned for not contrary to the 1945 Constitution.

 

Present representing the House, the member of Commission III Ruhut Sitompul and expressed preliminary statement before the plenary constitutional judges. Ruhut said that the House considers the principle of the division of electoral districts (constituencies) in the House of Representatives Election Law, is always done on the basis of region, both provincial and parts of the province which has close or adjacent to, as well as the principle means of integrality electoral areas should be integral geographically. The principle of the division of constituencies is also done in continuity. That is, the area is an electoral district must be intact and interconnected geographically. Another principle that cohesiveness population means an electoral district should be able to maintain the unity of the socio-cultural elements that form the population for overseas constituencies difficult to realize because of the difference lies.

 

Ruhut also explained that the constituencies of citizens who are abroad are considered as part of the Jakarta and in the second constituencies surrounding Jakarta Central Jakarta, South Jakarta, and abroad. The existence of constituencies II was intended to bring the citizens who live abroad with a unit of Indonesia. "If you made a separate constituency itself and will not be integrated with a unit of Indonesia. In addition, not all Indonesian citizens lived abroad permanently. Then technically it is difficult for the candidates in the election, and voters abroad, particularly in the case of the campaign dialogue, although they were aware it\'s been evolving electronic technology," said Ruhut read responses to the Petitioner No. 2/PUU-XI/2013 stating Article 22 paragraph (1) Election Law does not specifically accommodate the presence of overseas voters despite a de facto not domiciled in the province or district / city, as mentioned in the article.

 

While the case 6/PUU-XI/2013 postulated that NAD zoning constituencies in election law at the attachments could potentially harm the constitutional rights of the Petitioner. Because the Petitioners Case No.. 6/PUU-XI/2013 Gayo tribe who is a citizen cannot fight for the integrity of cultural values ​​due to the splitting into two constituencies Gayo region.

 

Against Petitioner No.. 6/PUU-XI/2013, Ruhut said that the House found that in establishing the constituencies to consider the basic principles, namely equality, territorial integrity, sustainability areas, and cohesiveness as has been described in case No. 2/PUU-XI/2013. According to these principles, the desire to break the Petitioners constituencies NAD is not taboo to do the whole does not violate the provisions of seat allocation 3 to 12. "But it should be noted that if the allocation of seats to become unbalanced or disproportionate among the constituency, then it will give effect to the equality of voice you have," said Ruhut.

 

Not Missing Representation

 

The government was represented by Director of Ministry of Law and Human Rights Litigation, Mualimin Abdi said that in accordance with the provisions of Section 22E of the 1945 Constitution, the Election House of Representatives, and the parliament held by the principles of direct, general, free, secret, honest, and fair, held once every 5 years. Election held to ensure the representation principle. It means, every citizen is guaranteed to have representatives who sit on the agency representatives who will voice their aspirations in his constituency at every level of government from central and regional levels.

 

While the scope determined by the electoral area administration, national, provincial, city or district, population, or a combination of factors, the region with the population. On the basis of these considerations, Mualimin conveyed that breaks down or merge-combine into one administrative area is something common constituencies in the elections with proportional representation system. In Indonesia, after the 1945 changes, the application of the doctrine of one person, one vote, and one value becomes inevitable because the constitution sets the DPD in the legislative system.

 

Thus, the petition 2/PUU-XI/2013, Government Delivering the constituency that comes from abroad to be part of the city administration and a scope Constituency II of Jakarta, in principle, does not reduce the function of representation of citizens who reside abroad. "Every citizen can still assess and express their aspirations through his chosen representatives, particularly with regard to overseas electoral districts to be included in the scope of Jakarta Constituency II, this is because of overseas voters are not concentrated in a separate area. Overseas voters scattered in many countries as a group entity voters," explained Mualimin.

 

The second trial is still rolling case for the second applicant still want to ask experts and witnesses. The next session will be held Tuesday, March 5, 2013, at 11.00 pm, 2nd floor, Room Plenary Court. (Yusti Nurul Agustin / mh)

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