The Doctor of Law from the University of Diponegoro that once the Secretary General of the Constitutional Court Janedjri M Gaffar delivered material on PHPU Guidelines for Litigation in DPR, DPD and DPRD and the Jurisprudence of the Constitutional Court in the 2014 Legislative Election Result Dispute Training to PKPI, Thursday (13/02/2014).

"If you are questioning the vote in certain constituencies, it will be given legal standing to file the petition. We both know the election result dispute DPR, DPD and DPRD is essentially a dispute between participants in the election of political parties, as well as between participants in the election with the Commission regarding the election results were announced nationally by the Commission," he explained.

To apply for a lawsuit to the Court, the requirements are written approval from council leaders signed a political party chairman and sekjennya . His application was filed by the DPP political party; it must not be submitted alone. "Therefore, if you come alone, despite the approval of the DPP, it is still the application is rejected and cannot be registered," said Janedjri.

Janedjri emphasis on training participants that the decision of the Court is to be implemented, not to be discussed. "The Court will not be flattered by the praise for a decision, its normal. But also do not be disappointed if abused. To my knowledge, only in Indonesia discussed a judicial decision, but in any country is not the case," he said.

There is no remedy whatsoever to do against the decision of the Constitutional Court are final and binding. It is the constitution that will make the Constitutional Court as the protector of the citizens of constitutional rights and the guardian of the constitution. "To this day there are still many who were astonished by the power of the Constitutional Court to annul the laws already discussed by 560 DPR members, when the Constitutional Court consists of 9 people," said Janedjri.

 According to him, the foundation thought it was very simple. That\'s because the 1945 Constitution apply the sovereignty of the people that gave birth to democracy. The approach used is not quantitative. “Democracy is not everything. Do not let democracy run its own, because it still contains weaknesses, which is only based on a majority vote. Who is the highest, the opinion to be followed," he said.

Sometimes there is justice in a handful of minority communities. "Often I have to say as an example, in 2006 an elementary school teacher came to the Court, wearing flip-flops, shabbily dressed, sued the State Budget Law 2006 for education budget is only 9.01 percent, far from the 20 percent as mandated by the Constitution. On August 14, 2008, the Court finally decided to grant the request," exemplifies Janedjri. Even in consideration of the law and the opinion of the Court\'s decision, declared if the President and the House education budget is also set below 20 percent, then that means they both violate the Constitution.


There are other ways of submission of application, namely via online, email, and facsimile. It just simply submits a letter of application notice. Thereafter, the applicant will receive a receipt of submission of Application (TTPP). “Usually a lot of the Applicant and will be queued. That could spend time. Importantly TTPP was let free from the requirement 3x24 hours," said Janedjri.

If in 2009 the applicant was able to enter the hall of the Court, then in 2014, has been banned and sterile. Anyone should not enter the hall. It just shows that the Court clerk will check the completeness of the application file submitted. Request was made in 12 copies and sufficient stamp. Request authorized to legal counsel and accompanied by a power of attorney. (Yazid / mh)