The Constitutional Court (MK) held a hearing request of judicial review (PUU) No. 2 of 2011 on Amendments to Law no. 2/2008 on Political Parties - Case No. 100/PUU-XI/2013 - on Thursday (19/12) afternoon. Applicant, Basuki Agus Suparno et al. through his legal counsel Lutfi Yazid, submit revised requests on the advice and input of the judges in the previous trial.
“In principle, we stick with our request. Feedback from our Majesty had also entered in the revision. That we feel as Petitioner objected to Article 34 paragraph (3b) letter a of Law 2/2011 on the positions of Pancasila," Rogan explained to the panel of judges, led by Judge Patrialis.
Lutfi described, in the fourth paragraph of the 1945 Constitution stated " ... the Indonesian national independence drafted a Constitution of the State of Indonesia is established within the structure of the Republic of Indonesia to the people’s sovereignty is based on the Belief in God Almighty ... "
" What then is mentioned next precepts of Pancasila . So we find in the paragraph that based on. For us, because this has been established, has been agreed by the founders of the nation, then this is a very fundamental," said Lutfi.
Lutfi added, the improvement of the petition was also submitted constitutional losses suffered by the principal that consists of various professions such as professors, researchers, students, and journalists.
“Then on his petition (charges), Majesty. His petition there is little change, there is little revision in accordance with the input of Honor," said Lutfi.
Petitioner’s petition is as follows: granted the petition in its entirety; declare the provisions of Article 34 paragraph (3b) letter a of Law No. 2 of the Political Parties contrary to the preamble to the 1945 Constitution of the fourth paragraph; declare the provisions of Article 34 paragraph (3b) letter a of Law Number 2 of the Political Parties otherwise revoked, not valid and has no legal force.
As known, Article 34 paragraph (3a) political party law reads," financial assistance Opinions and Expenditure Budget / Budget Revenue and Expenditure referred to in paragraph ( 3 ) to implement prioritized political education for members of political parties and the public. " While Article 34 paragraph ( 3b ) establishes the Political Party Law , " political education referred to in subsection ( 3a ) related to the following activities: a ) deepening of the four pillars of national and state Pancasila , the 1945 Constitution , and the Unity of the Republic of Indonesia , b ) understanding regarding the rights and obligations of Indonesian citizens in building a culture of ethics and politics , and c ) cadre members of political parties in stages and sustainable."
Pancasila agreed to base the Republic of Indonesia likened his position and aligned with the 1945 Constitution , the Republic , Unity is then referred to as the ‘Four Pillars of nation and state , according to the mean position of the Applicant that Pancasila is degraded because of equating ‘ basic state ‘ the ‘ pillars’ on which this is a fundamental mistake, even fatal. The principle of Pancasila is the source of all sources of law. The applicant considers Pancasila is not the same, not parallel position with the 1945 Unity in Diversity and the Republic of Indonesia. (Nano Tresna Arfana / mh )
Friday, December 20, 2013 | 15:53 WIB 108