Two Indonesian nationals namely Widodo Putu Prawiro and Suhartono as self-employed filed a judicial review of Act 27 of 2009 on MPR, DPR, DPD and DPRD (Act MD3) to the Constitutional Court (MK) on Tuesday (22/04). Preliminary hearing of case number 40/PUU-XI/2013 is chaired by Chief Justice M. Akil Mochtar.

In the main petition, Petitioner argues that there is an imbalance in the nation and the state, where the 1945 opening implicitly stated "Proclamation of August 17, 1945 As the Proclamation of Independence" while "Pancasila as the Basis for Independence of Indonesia", when it should be it cannot be separated. The mandate has been given in Article 15 paragraph (1) letter e of Act on MD3 unclear because it should be the responsibility of the state.

In addition Petitioners also say the socialization of the four pillars of the nation as mentioned in Article 15 paragraph (1) letter e MD3 Act is ineffective and wrong.

Constitutional Assembly on this occasion gave suggestions for improvement petition. Constitutional Justice Akil Mochtar asked the applicant to clarify the legal position of the Petitioner, and the whole application as example application proceedings in the Constitutional Court. Akil also said that if the Petitioner in this case only a test of the implementation of norms in the law, it is not the authority of the Court to decide, but that is another Supreme Court justice.

As you know, Article 15 paragraph (1) letter e Act on MD3 are reviewed to the Court determines that the member in charge of coordinating the Assembly leadership to promote the 1945 MPR.

Petitioner has not later than 14 days late working hours to carry out repairs petition. The next hearing will be held back by examining Petitioner’s petition. (Panji Erawan / mh)