The Constitutional Court (MK) has finally decided to reject all requests Farhat Abbas and Narliz Wandi Piliang (Iwan Piliang) in judicial review of Act 42 of 2008 on the Election of President and Vice-President, on Thursday (27/6) at the Plenary Court. With the rejection of this petition, the Court again rejected the opportunity of independent candidates or independent candidate in the election of President and Vice President.

Under the provisions of Article 60 paragraph (2) of the base there is a judicial review of Article 28C Paragraph (2) of the 1945 Constitution were tested by different applicants on the basis of an application for judicial review in No. 56/PUU-VI/2008, so this petition not ne bis in idem or been sentenced in the same case.

Court argued, the reason the Petitioners are essentially the same as the reason for the petition of the Petitioner in No.56/PUU-VI/2008 is that candidates for President and Vice President of the possible independent candidates proposed no political party or coalition of political parties, the consideration of the Court as quoted above mutatis mutandis into consideration in this decision as well.

To the Constitutional Court Verdict No. 56/PUU-VI/2008 dated February 17, 2009 there are constitutional judges who have a different opinion. Therefore in this case the same as Case No. substance. 56/PUU-VI/2008 then the Constitution judges persists at different opinion of the Court as contained in Decision No. 56/PUU-VI/2008 dated February 17, 2009.

Furthermore, the Court held that Article 13 paragraph (2) and (3) Presidential Election Law has not been filed in Application No. 56/PUU-VI/2008 and reason of the petition also petitioned the registration would be candidates by political parties or coalitions of political parties or signed by the chairman and secretary-general another name or another name of a political party or any political party.

According to the Court, the circuit integral of paragraph (1) of the Election Law Article, which stated that the President would be candidates registered by the political party or coalition of political parties.

Considering that since Article 13 paragraph (2), paragraph (3) of the Presidential Election is a series of integral with paragraph (1) of the article, while article 13 paragraph (1) of the Act has been rejected in a decision no. 56 PUU-VI in 2008, the application for judicial review of Article 13 paragraph (2), paragraph (3) of the Presidential and Vice-President must also be rejected.

Based on these considerations, according to the Court, Petitioners have no legal grounds.

"Conclusion, the petition is unreasonable, and it is rejected the petition of the applicant states in its entirety," said M. Akil Mochtar, who was accompanied by other constitutional judges. (Nano Tresna Arfana / mh)