Kamis, 13 Oktober 2011

Failed in Regional Election, Salim Alkatiri Reviewed the Act on Court

Decision of the Constitutional Court (MK) which shall be final and binding (final and binding) was tested in the trial Court, Thursday (13/10/2011). Judicial review of Article 10 paragraph (1) of Act 8 / 2011 on the Constitutional Court was filed by Salim Alkatiri, a doctor on the island of Buru and expert staff in the Government of South Hulu regency, Maluku Province.
Article 10 paragraph (1) of Act 8 / 2011 the Constitutional Court Law reads: "The Constitutional Court has the authority to hear at the first and last decision is final for: a. test the laws against the Constitution of the Republic of Indonesia Year 1945; b. deciding authority dispute of state institutions whose authorities are granted by the Constitution of the Republic of Indonesia Year 1945; c. decide upon the dissolution of political parties; and d. decide upon disputes on general election results "
The article was, according to Salim, is contradictory to Article 28I Paragraph (2), and Article 27 Paragraph (1) of the 1945 Constitution. Salim argues, the Constitutional Court’s decision is final closing to take legal chances another. Salim considers the final decisions involve discrimination. He compares with the decision of the Supreme Court (MA), terraced starts from the District Court, Court of Appeal and Cassation at the Supreme Court. In addition there are legal remedies Review (PK). "This is discriminatory. Two of these agencies is the same agency. Why there is one, there is a review, reconsideration no? " said Salim.
Final decision of the Constitutional Court made him failed to follow the Election District of South Buru. Salim partner, La Ode Badwi Alkatiri does not pass verification, among others, because Salim had been sentenced for two years in prison for a crime of corruption of which the penalty over five years based on court decisions that have been legally enforceable.
Case Number 69/PUU-IX/2011 preliminary hearing was conducted by the Panel of Constitutional Justices Anwar Usman, as Chairman, accompanied by Sodiki and Muhammad Alim. Responding to the petition Salim, Ahmad Sodiki stated, the Court authority to hear the first and last, the final decision to test the law, is the sound of Article 24C Paragraph (1) of the 1945 Constitution. "Court is not authorized to change the Constitution, a change that is the MPR. So, should the proposal was presented at the Assembly. Article 24C Paragraph (1) it must be changed in accordance with the contents of the petition, "advises Sodiki. (Rosihin Nur Ana / mh/Yazid.tr)

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