The Constitutional Court held a hearing today inaugural testing of Law Number 42 Year 2008 on General Election of President and Vice President are filed by Yusril Ihza Mahendra .
Based on today's schedule of the Constitutional Court , the trial beragenda preliminary examination will be held at 13:30 pm and led panel assembly consists of the Constitutional Court as chairman Arief Hidayat accompanied Fadlil Sumadi Constitutional Court and Judge Maria Farida Indrati .
In his petition , Yusril test of Article 3 paragraph ( 4 ) Presidential Election Law governing : " Day , date , and time of the General Election ballot for President and Vice President designated by the Commission 's decision " .
Furthermore, Article 9 of the Presidential Election Law governing : " Candidate Pairs proposed by political parties or coalitions of political parties participating in the election seats that meet the requirements of at least 20 percent of the total seats in the House or acquire 25 per cent of the valid votes in the national election of members of Parliament , prior to the election President and Vice President .
Article 14 paragraph ( 2 ) of the Act governing the Presidential Election : " The registration period referred to in Article 13 , no later than seven days from the determination of members of the national parliament election results " .
And the Presidential Election Law Article 112 provides: " The vote Presidential election held later than three months after the announcement of election results for DPR, DPD, provincial and regency / city .
Yusril has been decided as the Crescent Star Party Politics Presidential Candidate in the 2014 presidential election was harmed or potentially harmed their constitutional rights with the enactment of these articles .
Yusril assessing the Presidential Election Law Article 9 violated Article 6A paragraph ( 2 ) and Section 22E of paragraph ( 3 ) of the 1945 Constitution , because manipulating the word " election " .
" If the number of seats each party participant elections are known , then the political party is not a political party participants in the election , also said before the general election because the election in question is that participants DPR and DPRD political parties referred to in Article 6A paragraph ( 2 ) and Section 22E of paragraph ( 3 ) of the 1945 Constitution , "the petition Yusril .
While the norm of Article 14 of the Presidential Election Law Article 6A contrary to paragraph ( 2 ) of the 1945 Constitution , as if that meant the establishment of a national register after the results of the election of members of Parliament, then at that time the political party or coalition of political parties is no longer a participant elections .
According to Yusril , the 1945 Constitution does not specifically regulate the order of election , but if you read Article 22E Paragraph ( 1 ) and ( 2 ) show that the 1945 elections are held one time meant ( at once ) , so that Article 3 paragraph ( 4 ) , Article 9 , Article 14 paragraph ( 2 ) and Article 112 contrary to the norms of Article 4 paragraph ( 1 ) of the 1945 Constitution and Article 7C .
Yusril also assess matters set forth in Article 3 paragraph ( 4 ) , Article 9 , Article 14 paragraph ( 2 ) and Article 112 of the Presidential Election Law was not in earnest to implement or enforce constitutional norms , but rather to prevent the emergence of Presidential candidates and Vice President of the strength of the other party .
That concerns candidates for President and Vice President will be too much so it should be limited to the presidential threshold becomes lost its relevance since the 2014 election only 12 followed by a National Political Party and 3rd Party Local Aceh .
If the 2014 election will be followed by 12 Put Candidates by the applicant still within reasonable limits , said Yusril ..
Constitutional law expert Yusril Ihza Mahendra ( YIM ) to challenge all those who do not agree with the test material ( judicial review ) of Law no. 42 of 2008 on the election of the president and vice president ( election ) that he submitted to the Constitutional Court ( MK ) .
According to the Star Party presidential candidates (candidates UN ) , the parties did not agree with him is welcome to file a lawsuit similar to the highest judicial institution in Indonesia.
" Please , Surya Paloh , NasDem party , Golkar , PDIP or anyone who does not agree as well as a list of related parties dong , " said the politician who is familiarly called YIM when met reporters before the first trial began judicial review , the Court held in Jakarta , Tuesday ( 21 / 1 ) .
Former Secretary of State ( State Secretary ) explained , judicial steps that he did was legal and in accordance with the constitution . He also dismissed the growing presence romur if he did test material with a strong motive and political content .
"Obviously I want to take the road constitutionally valid . And the Court itself has never rejected the request of any party , " he explained .
In addition , he also criticized the attitude of DPP Chairman Surya Paloh NasDem Party ( SP ) is too concerned over judicial review conducted by YIM to MK . SP attitude that appealed to the Constitutional Court judges to think wisely and look at problems facing the nation if the judicial review is granted, it would potentially interfere with the stages of the election , both pileg and presidential elections .
" Solar pack argument that can not be used as guidelines . When it comes to the election phases of technical matters , and can not defeat the substance . Commission only says ready to carry out any decision of the Court , " he concluded .
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