Constitutional Court ruled that the provisions of national political party should not be contrary to the 1945 Constitution. The decision to No. 94/PUU-X/2012 read by Chief Justice M. Akil Mochtar, accompanied by eight constitutional judges on Wednesday (12/6) at the Plenary Court.

"Declare rejected the petition of the applicant in its entirety," said Akil read the petition filed by Jamaludin and Andriyani.

In the Court’s opinion read by Justice Hamdan Zoelva, the Court held there was nothing to object to the principle of equality in law and government, the principle of freedom of association as well as the principle of non-discrimination as defined in the constitution must be national political party as defined in the Act the legislation. According to the Court, said Hamdan, a political party must be national, not in the least diminish the right of any person to organize or the right to participate in government.

Everyone can associate with the political party forming the origin of political parties that meet national requirements as specified in the Act. Everyone can also participate in the government through political parties or other forms of participation without any local political party. Similarly, the restriction must be national political parties do not involve discrimination or differential treatment, because the restrictions apply to all people or all citizens.

"According to the Court, such limitation is permitted by the provisions of Article 28J (2) of the 1945 Constitution. Based on all the foregoing considerations, the Court is Petitioner’s petition was not unreasonable under the law," said Hamdan.

In the main petition, Petitioner argues that the phenomenon is still exist of political parties who won the vote in Parliament Provincial and Regency / City in one or several areas and regions is the fact that the political support of the local communities do not always parallel (linear) with the support of the party the same that is in the national level (DPR). However, the rights of local communities are neglected by the presence of Article 1 paragraph 1, Article 3, paragraph (2) letter c, Article 8, paragraph (2) b, c and d the Political Party Law. (Lulu Anjarsari / mh)