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Tuesday, January 21, 2014

Polemics and Political Impact of the Presidential Election Law Judicial



Polemics and Political Impact of the Presidential Election Law Judicial

ASATUNEWS - the judges of the Constitutional Court ( MK ) was first convened to discuss the judicial lawsuit Act No. 42 of 2008 relating to the Presidential Election Law judicial lawsuit filed Yusril Ihza Mahendra , on December 13, 2013 last . Yusril as plaintiffs who contend the law is against the constitution , pleading with the revision of the election law and the simultaneous filing of presidential candidates - vice president by all political parties without any reference to the provisions limit the party vote in the House ( parliamentary threshold ) .

Under the law , the judges of the Constitutional Court is not bound within 14 (fourteen ) days to decide lawsuit Yusril . If accepted , the lawsuit was granted in full, then the House of Representatives as a legislative body should be convened to execute the decision of the Constitutional Court , revise the Presidential Election Law , determine the schedule definite / definitive simultaneous elections and authorizing the Act.

Parliament when it convenes to determine the schedule and presidential elections simultaneously , would be to invite and to hear feedback and suggestions from the General Election Commission ( KPU ) as a state institution EMB . Parliament will invite the Election Supervisory Body ( Bawaslu ) and the government in order to know exactly the problems that may arise in the implementation of simultaneous elections , which will then be incorporated into the Presidential Election Law passed by the House .

Demkian brief explanation governor Lubis , activists Public Advocacy Network ( JAP ) , to Asatunews , when asked to comment on the Constitutional Court on the lawsuit Yusril Ihza Mahendra ongoing in Jakarta ( 21/1/14 ) .

Assembly Prime MK

The Constitutional Court held the trial of a lawsuit judicial Law Number 42 Year 2008 on General Election of President and Vice- President ( Presidential Election ) filed ex Menkumham Yusril Ihza Mahendra . Initial trial is being held on Tuesday ( 21/1 ) afternoon starting at 13:30 pm .
Party MK can not comment on that because constitutional judges are bound code of conduct is not allowed to comment on the case was to proceed in the Court .

Yusril lawsuit substance called a lot similar to the material filed by the Community Coalition for Election Unison ( coalition ) which was originally going to cut diikabarkan Court on Thursday ( 23/1 ) at 15:30 pm . However , this information was denied by the Deputy Chief Justice Arief Hidayat .

Yusril and Coalition alike ask the Court to examine Article 3, paragraph ( 5 ) , Article 9 , Article 12 Paragraph ( 1 ) and ( 2 ) , Article 14, Paragraph ( 2 ) and Article 112 of the Presidential Election Law . Yusril petition for Article 3 Paragraph ( 4 ) , Article 9 , Article 14, Paragraph ( 2 ) and Article 112 Law on Presidential Election Presidential Election related schedule three months after the implementation of the legislative elections .

Yusril assess these articles contrary to Article 6A Paragraph ( 2 ) and Article 22E Paragraph ( 1 ) , ( 2 ) , ( 3 ) 1945 associated with the republican system set forth in Article 4 paragraph ( 1 ) of the 1945 Constitution and Article 7C .

Referring to Section 22E of the 1945 Constitution which calls elections once in five years , should Pileg and presidential elections held simultaneously on the same day , did not separate as much as two times . Fact, the presidential election held after the legislative elections held . It is believed to exist only in a parliamentary system is not republican .

Lawsuit Ruling Coalition Slow

As regards the Court decide the slow petitioned the Presidential Election Law Coalition , an unfortunate by former Chief Justice Mahfud MD, however , the Deputy Chief Justice Arief Hidayat said , it does not signify the Court politicized .

" The slow pace of decision due to technical problems . We work is not limited by time but because of prudence , testing is very important legislation , " said Arief .
Arief added , the case is being finalized and the Court is not bound by time in decisions . Unlike the case when the Court handling election cases where the Court was given a 14 day deadline to decide .

" It has been decided in a consultative meeting of judges ( RPH ) and have determined the direction in which the process but there should be a draft decision to then later be read together by the judges . Finalization of this takes time , " said Arief Hidayat .

In contrast to Arief Hidayat , the former Chief Justice Mahfud MD said the Court had already decided the Presidential Election Law filed suit in April 2013 the Coalition . Regarding the differences in the information that we ask Mahfud explanation , not give an answer .

The governor added , to find out how the attitude and the position of the President of the lawsuit Yusril , whether you agree or not , can be seen from memory deputy defense command in the judicial Presidential Election Law on the Constitutional Court .

" We'll see whether the government representatives who defend the Presidential Election Law , or none at all . If there is , how the defense material " , said the governor . | Joy/016

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