Assembly on judicial review of Law No 12 of 2008 on Amendment of Law 12 of 2004 on Regional Government and Law no. 15 of 2011 on the General Election held the Constitutional Court ( MK ) on Wednesday ( 30/4 ) at the Plenary Court . Some applicants listed as an applicant for judicial review of Article 56 paragraph ( 1 ) of the Regional and Article 1 paragraph 4 of the Election Law , the Forum for Justice and Constitutional Studies as well as some individual applicant .

In the trial, Ryan Mohammed as the attorney , explained has improved application in accordance with the advice of the judges in the previous trial . Ryan revealed the presence of additional applicant. "The first only five Applicant , Applicant became seven , " he said before the panel of judges led by Deputy Chief Justice Arief Hidayat .

Furthermore, the applicant also strengthens constitutional terms of loss , especially the constitutional loss of Applicant III to Applicant VII . Losses that potentially unconstitutional , namely in terms of a sense of security and the impact of social conflicts that occurred during the direct election of the convening of the feared would jeopardize the safety and or security of the Petitioners .

In the main petition , the Petitioner argues that these two articles have violated the constitutional rights of the applicant . Article 56 paragraph ( 1 ) of the Regional states " regional head or deputy head of the region selected in the candidate pair democratic management based on the principles of direct , general , free , confidential , honest and fair . Meanwhile , Article 1 paragraph 4 Election Law states " The selection of Governor , Regent , and Mayor Election is to elect governors , regents and mayors democratically in the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia Year 1945 " .

Ryan explains Article 56 paragraph ( 1 ) and Article 1 of the Regional Election Law number 4 is contrary to Article 18 paragraph ( 4 ) of the 1945 Constitution because it is not confirmed the existence of the phrase " directly elected " in a local election mechanism , but only limitedly defined by phrase " democratically elected " , while the meaning of " democratically elected " contained in Article 18 paragraph ( 4 ) of the 1945 Constitution are selected through consultation mechanism / representative is not elected directly as the election of President / Vice- President of the Section 6A paragraph ( 1 ) Constitution 1945. therefore , in petitum , Petitioner asks the Court to declare Article 56 paragraph ( 1 ) and Article 1 of the Regional Election Law number 4 , contrary to Article 1 paragraph ( 3 ) , Article 18 paragraph ( 4 ) , Article 22E Paragraph ( 1 ) and paragraph ( 2 ) of the 1945 Constitution . ( Lulu Anjarsari / mh )