Golkar Cadres Revise Petition on Act of Political Parties
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Applicant\'s Attorney Heriyanto delivers revision points at judicial review session on Act of Political Parties, on Wednesday (12/8) at Plenary Room, the Constitutional Court Building. Photo PR/Ifa

 

 

 

Two Functioned Group Party’s (Partai Golongan Karya –Partai Golkar) cadres revise petition at judicial review session on Act of Political Parties (Undang-Undang Partai Politik –UU Parpol), on Wednesday (12/8) at Plenary Room, the Constitutional Court Building.

Applicant’s Attorney Heriyanto delivers revision points on Applicant’s petition which suing Act Number 2 Year 2011 of Act Amendment Number 2 Year 2008 of Political Parties and Act Number 9 Year 2004 of Act Amendment Number 5 Year 1986 of State Administrative Courts (Undang-Undang Peradilan Tata Usaha Negara –UU PTUN), in front of Justice Panel led by Constitutional Justice Patrialis Akbar.

Heriyanto delivers one of the revisions, which is on the amount of Applicant. One of the Applicant Yanda Zaimi Ishak withdraws and only becomes Applicant’s Attorney. Thus, the Applicant in the petition is only Gusti Iskandar.

Moreover, the Applicant also revises his legal standing. As advised by Justice Panel in preliminary session, the Applicant uses legal standing as Indonesian citizen who directly harmed due to legal uncertainty resulted by the illegitimacy of internal party’s committee (mahkamah internal partai) decision.

“In Article 33 (1) which we reviewed, there is opportunity to sue internal party’s committee decision which final and binding regarding party board organization. Whereas in Article 32 (5) and Article 32 (4), it already stipulated that internal party’s committee shall settle the dispute regarding party board organization within 60 days, in which the decision of committee is final and binding. We already understand the meaning of final and binding. However, Article 33 (1) causes new problem, which is legal uncertainty due to the Article opens opportunity to sue committee decision to district courts,” said Heriyanto.  

Heriyanto again explains on Applicant’s argumentation which underlying the petition. He explains, the Applicant is Indonesian citizen who becomes South Kalimantan Governor candidate for terms 2015-2020 and promoted by the Functioned Group Party. However, the General Election Commission (Komisi Pemilihan Umum –KPU) rejects Gusti Iskandar’s candidate pair. The rejection is due to prolonged internal party conflict caused by Article 33 (1) Act of Political Parties which opens opportunity to challenge internal party’s committee decision to district courts.

Moreover, the Applicant assesses Article 2 number 5 Act of State Administrative Courts is indecisive in providing constitutional meaning that the judiciary adjudicates final and binding decision regarding internal party dispute, including the judiciary of internal party’s committee. On the session, Constitutional Justice Patrialis Akbar also validates 14 evidences filed by the Applicant. (Yusti Nurul Agustin/Prasetyo Adi N)


Wednesday, August 12, 2015 | 22:01 WIB 85