Jakarta, MKOnline - Constitutional Court (MK) grant the petition in case No. 15/PUU-IX/2011. Court stated in Article 51 paragraph (1), Article 51 paragraph (1a) along the phrase "Verification of Political Parties as referred to in paragraph (1)", Article 51 paragraph (1b), and Article 51 paragraph (1c) of Law No. 2 / 2011 concerning Amendment to Law Number 2 of 2008 on Political Parties in conflict with the Constitution of 1945.
Declared by the Constitutional Court verdict in the trial on Monday (4 / 7), at the Plenary Court Room. "Petition of the Petitioners argued the law," said Chairman of the Constitutional Court, Moh Mahfud MD, when reading the conclusion of the verdict.
The Court believes that setting the legal status of political parties, either by Act 2 / 2008 on Political Parties and Law 10/2008 on General Elections Member of the House of Representatives, the Regional Representative Council and Legislative Assembly, were appropriate and correct. "Because of the political parties still acknowledged the status of legal entity status of legal entities must be continued to receive constitutional protection by Article 28C Paragraph (2), Article 28D paragraph (1), and Article 28E Paragraph (3) of the 1945 Constitution," said Constitutional Court Muhammad Alim.
In this case the Court agrees with Petitioners that the phrase "still recognized by the obligation to adjust to the law by following the verification" contained in Article 51 paragraph (1) Act 2 / 2011 is not clear meaning. The phrase "duty to follow the verification", according to the Constitutional Court, has the legal effect of the existence of the applicant as a legal political party, namely whether the results of verification can directly affect the existence of political parties in this case the Petitioner. That is, as a political party would lose the status of the applicant legal entity because it does not pass the verification.
Court's opinion, it would violate the rule of law against the Petitioners that the Act had previously been guaranteed its existence as a legal political party. "Law makers should distinguish between the procedures for the formation or establishment of political parties with rules regarding the conditions imposed on political parties to a political party can follow the election, as well as institutional provisions governing the House," Alim said.
According to the Constitutional Court, political parties in the 1945 system has a very important function because the 1945 Constitution explicitly provides a constitutional right to political parties, especially in Article 6A Paragraph (2), Article 8 paragraph (3) and Article 22E Paragraph (3) of 1945. Therefore, political parties should obtain legal certainty to ensure that their constitutional rights, including the applicant as a political party that has had a position as a legal entity.
"Ensured the continued existence of political parties are legal entities that fail to put their representatives in the representative institutions in a time of general elections, will be spared also the season of establishment of political parties on each before the election," wrote the Court in the verdict as thick as 53 pages.
Petitioner in this case consists of 14 political parties. Among them are the Regional Unity Party (PPD), Crescent Star Party (PBB), Prosperous Peace Party (PDS), Democratic Renewal Party (PDP), Employers 'and Workers' Party of Indonesia (GN), Patriot Party, National Party Populist Fortress Indonesia (Indonesia PNBK ), Pioneer Party, etc.. (Dodi / mh)
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