The Constitutional Court held a hearing in the case of dispute the authority of state institutions (SKLN) Tuesday (30/7). Trial involving the Election Supervisory Board of Republic of Indonesia (Bawaslu) as with Petitioner disputed Aceh Legislative Council (DPRA) is chaired by Judge Maria Farida Indrati with revised petition agenda.
On that occasion, Petitioner was represented by Endang Wihdatiningngtyas, as a member of Bawaslu, conveying it has examined and perfected application in accordance with the advice of constitutional judges in the previous trial. The improvements include the format of the petition on the claim (petition), in which a number have written the phrase "grant the applicant’s request for all", no longer use the phrase "set".
In addition to the format, it also has incorporated the principle of lex specialis derogat legi generali (special legal defeat common law) and a new legal principle that beat the old law in the petition. Meanwhile, related to the position of the Respondent, if the Respondent is before the House of Aceh, Aceh legislature used this time as Respondent I. Bawaslu in improvements also add Governor of Aceh as the second defendant.
On the occasion, Endang also said the reason the company has strengthened the lawsuit to the Court. "To strengthen the opinion, we have added subjektum litis (the litigants) and objektum litis (object dispute) by taking jurisprudence of SKLN regulations that have been issued previously," explained Endang in front of the judges.
As Election Supervisory Board representative, Endang also stressed the Court to immediately determine who is authorized to establish Bawaslu remain in Aceh province. This is very important because he continues Aceh Election stages. She explained determination Provisional List of Candidates (DCS), which comes from individuals, as well as political parties have passed, List of Candidates (DCT) will be established, and the campaign has been running. On the other hand, the existence of Aceh Election Supervisory Body has not been well received by the Provincial Government.
Endorsement Evidence
Respond to information the applicant, the applicant’s Maria said receiving repairs, and will soon ratify evidence. However, he gave notes on the evidence marked P2, P5, and P8 must be complete because the judges will not only look at the articles being tested but also the whole of the Law.
Constitutional judges adopted the documentary evidence of the applicant. After Further evidence comes, a panel will discuss the request at a meeting of the judges deliberation and for the continuation of such matters will be decided in the consultative meeting.
As known, Bawaslu filed a dispute between state institutions to the Court. The claim was registered by the secretariat Court Case No. 3/SKLN-XI/2013. In the main petition, questioned the authority of the Election Supervisory Body taken by the provincial parliament of Aceh province. (Eti Setyarini / mh)
Tuesday, July 30, 2013 | 14:54 WIB 105