Constitutional Court (MK) scrapped UU MD3 petition as filed by four Jakartans. The Court declared that the petition failed to pass through due to the inappropriate absence although summon letter has been issued by MK Clerk.
Plaintiff or attorney presence has been regulated in Article 39 verse (1) and verse (2) MK Act. The Article says that MK must check the document and advices of any change must be given to the Plaintiff, which can be used to revise or complete the petition.
In order to complete its mandatory, MK held a trial on September 24, to which failed to attend by Justice Patrialis Akbar. Whereas, MK through its clerks has summoned the Plaintiff in appropriate way with a letter dated September 16, 2014.
In the same day, the Court has received a letter from the Plaintiff to explain their absence. The Plaintiff disclosed that their presence was hindered due to the demonstration and Kanisius Fair. In the letter, they asked for hearing rescheduling
However, the Court sees that the reason is not valid and the Plaintiff is considered disregard about their petition. In order to accentuate modest, fast, and costless hearing, the Court stated in declining the petition.
“The Verdict. Considering, and declare to abolish the petition,” Hamdan said.
The petition itself pleads the regulation of chair in Jakarta DPRD. The pleaded Article is Article 327 verse (1) letter a UU MD3. The Article determines that DPRD chair compositions must be consisting of one chief with four deputies. According to the Plaintiff, the ruling is now irrelevant as this year, Jakarta DPRD is packed with 106 members. Thus, the composition of chairs has to adjust the amount of members.(Yusti Nurul Agustin/mh/kun)
Thursday, October 09, 2014 | 18:23 WIB 212