At the final hearing of judicial review of Act 8/2012 on the General Election of the Parliament, Council and Local Parliament, the applicant’s principal deputy governor of West Sumatra, Muslim Kasim and his legal team, which presented four experts Maruarar Siahaan, Yuliandri, Saldi Isra and Andrianof Chaniago.

Experts explain that necessity wholly resigned permanently to the head area to be developed as a member of the legislature was judged to have created the feel of discrimination before the law, because the same rule does not apply to legislators who will come forward as a candidate for the head area.

In testimony’s expert, former Constitutional Court justice Maruarar Siahaan calls, regional heads and legislators should be placed on an equal footing. This is because both are obtained political office through elections, so that the two positions should be implemented on the same terms.

"But why the legislature would be the head of the region, is not required to retreat permanently? Should the same thing the same legal effect, and the different things, different laws apply," explained Maruarar.

Similarly, the three experts who presented upfront court also explained the same thing. They think that "forcing" permanent retreat for local heads have eliminated the candidate the political right.

Ideally according to Yuliandri, any statutory provisions must satisfy the principle of equality under the law, the principle of balance, harmony, harmony, and the principle of the rule of law. Unfortunately, the essence of the regulations governing the electoral board members has eliminated the legal certainty which should be owned by every citizen, including the officer who will compete in the parliamentary elections contestation.

No Need to Backward

 Met after the hearing, Petitioner deputy governor of West Sumatra, Muslim Kasim ensures he can uphold the neutrality and integrity as regional head candidates during the recruitment process. In fact it suggested that the imposition of a temporary or vacation retreat outside of dependents may be a solution for this problem.

"I think I do not need a permanent retreat, just leave while until the candidate process is complete. It’s about two months. All you need do here is supervision if there is abuse of power or state facilities. That’s my guess,” he said to Majalah Konstitusi.

On the other hand, the government represented Mualimin Abdi from the Ministry of Justice refused to comment on the matter trial today. It was up entirely on the panel of judges for the Constitutional Court passed a decision that fairly as possible. (Juliette / mh)