The Constitutional Court (MK) held a hearing judicial review (PUU) Act 15 of 2011 on the General Election and Act 2 of 2011 on Amendments to Act 2/2008 on Political Parties - Case No. 45/PUU-XI/2013 - on Monday (1/7) afternoon. Two experts presented by Petitioners (Sefriths ED Nau et al.).

The first expert to give an opinion is Bernard L. Tanya. Bernard explained, Article 8 paragraph (1) letter c organizer Elections Act gives authority to the Commission without too loosely fenced signs are clear. As a result, a fairly wide open space for the emergence of technical rules and decisions that are excessive and may be directly or indirectly may injure the constitutional rights of citizens.

"That concern has occurred, such as through a Commission Regulation No.. 07/2013 Article 19 to be exact letter I which indicate the Principal Petitioner to make a statement of resignation from a political party that carries the Petitioners in the 2009 legislative elections that cannot be withdrawn," said Bernard.

Consequently, a member of political party membership is terminated. "In accordance with the provisions of Article 16 paragraph (3) of Law no. 2/2008 on Political Parties, as amended by Law no. 2/2011. Then the dismissal was followed by the dismissal of membership in the representative body of the people," added Bernard.

According to Bernard, the provision is not only ultra vires, because the Commission has authority to break through the political parties. But also has the potential to transcend the limits of constitutional restrictions referred to Section 28J (1) and paragraph (2) of the 1945 Constitution.

"In addition, these provisions preclude the applicant to fulfill his constitutional rights as referred to in Article 27 Paragraph (1), Section 28C (2), Section 28D (1) and paragraph (3), 28I Paragraph (2) of the 1945 Constitution," said Bernard.

More extensive

While the second expert named Samuel F. Lena, explained that the Election Law is no provision to resign for persons with certain social status, such as civil servants, members of the military, police officers and so on. But there is no requirement resignation and for administrative completeness DPRD members whose party no longer existed as political parties participating in elections.

"The provisions related to the resignation of an unavoidable consequence if the transfer occurs from the political parties contesting the election to the other parties participating in the elections. This is in sync with the stipulation that candidates can only and must be nominated by political party elections alone," said Samuel.

Thus, up to Samuel, when set additional requirements for the applicant to make a "letter of resignation is irrevocable as members of political parties and members of parliament" and "a statement that the dismissal of the leadership of Parliament as a member of Parliament is being processed" then the Commission has established technical guidelines which is substantially broader than the statutory provisions set out in the technical guidance. (Nano Tresna Arfana / mh)