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 ...

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Expert Applicant: Ambiguity of Act on Narcotics

Act 35/2009 on Narcotics contains the definition of ambiguous regarding drug abuse. It was stated by Asmin Fransisca when Petitioner was asked as expert in the plenary judicial Narcotics Law (Case Number 48/PUU-IX/2011) Thursday (09/22/2011) at the plenary chamber of the Constitutional Court. Lecturer Faculty of Law, Atma Jaya and Indonesian Coordinating Coalition for Drug Policy Reform (ICDPR) This article mentions the three definitions of matter in which he confused the Narcotics Act, namely the definition of Article 1, item 13, Article 1 number 15, and the Explanation of Article 54. "The confusion occurs in Article 1 number 13 and 15 in this Act may be abusers of narcotic addicts and drug users with a variety of factors, potentially very large to be abusers as well....

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Constitutional Court: Rights and Obligations of Employers-Workers Quit after Layoffs Verdict Inkracht

Mechanism of termination of employment (FLE) has been regulated in Act 13/2003 on Manpower and Act 2 / 2004 concerning Industrial Relations Disputes Settlement (PPHI). Article 151 of Act on Manpower asserts, workers and employers should make every effort to avoid layoffs. If layoffs are unavoidable, then the workers and employers must meet to seek agreement. But if no agreement is reached, layoffs can only be done after a determination of the dispute settlement institutions of industrial relations.  Similarly, the Court’s opinion in the court pronounced the verdict Case Number 37/PUU-IX/2011, Monday (09/19/2011) housed in the courtroom Plenary Court Building. Application for judicial review was filed by Ugan Gandar, President of the Federation of Trade Unions Unite Pertamina ...

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Court Rejects Banjarnegara District Election Dispute

Application of Dispute over Regional Head Election of Banjarnegara Regency, Central Java, the proposed pair Budhi Sarwono-Kusuma Winahyu Diah AT, rejected the Constitutional Court (MK). "Rejecting the petition in its entirety," said Chairman of the Plenary Assembly of the Constitutional Court, Moh. Mahfud MD. The agenda of the plenary session is reading the verdict on Tuesday (8/23/2011) on l 2 plenum chamber of the Constitutional Court building. Budhi Sarwono-Kusuma Winahyu Diah A.T. a pair of candidates Regent / Vice Regent Banjarnegara Year 2011 with serial number 2. Couples who depart from the path of individual (independent) is occupying the second place votes, under the acquisition-mate Sutedjo Slamet Utomo-Hadi Supeno. Following the vote Banjarnegara district level for...

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Chief of Resort Police of Pati Presented Election Process’ Security

Dispute over Regional Head Election of District Pati entered the stage to hear witness testimony in the hearing of the Constitutional Court (MK), Thursday (08/11/2011) afternoon. On the front panel of the Constitutional Court chaired by Achmad Sodiki and accompanied by Panel Members Ahmad Fadlil Sumadi and Harjono, Chief of Police describe the process of securing Election Pati based on operations Mina Tani Tata Praja. Police fielded 489 personnel to secure for each phase of the General Election. "Until now, the implementation process of the elections conducted by the police in a safe state," said Chief of Police. Nevertheless, he continued, the institute received four reports of counterfeit stamp Election complaint, unpleasant acts, abuse of academic titles and the last of destruction...

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Pati Election Commission Denied disqualifying PDIP Candidate

Disputes Election Results of the Regional Head Election of Pati regency, Central Java, was held again in the trial in the Constitutional Court (MK), Tuesday (08/09/2011). Hearings conducted by the Panel of Judges chaired by Achmad Sodiki, accompanied by Ahmad Fadil Sumadi and Harjono, scheduled to hear the answer to the Respondent of the General Elections Commission (KPU) of Pati District, heard the testimonies of the Related Party, and Evidence. Responding to the request Slamet Warsito-Srimulyani (Applicant case Number 81/PHPU.D-IX/2011), Pati Commission through its legal counsel, Umar Ma’ruf in his exception plead obscure (obscuur libel). "In the petition, the Petitioner does not refer to problems associated with its pure PHPU. Postulated is related to the violations that...

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Divorce Terms Potential Abused

Jucicial review the constitutionality of the material Act 1 / 1974 on Marriage filed Agustina Halimah binti Abdullah Kamil, re-tried in the Constitutional Court (MK), Tuesday (09/08/2011). The trial for case No. 38/PUU-IX/2011 heard expert testimony. In the presence of nine Constitutional Court Justices headed by Moh. Mahfud MD, the power of the Government, H. Sincerely declares, in the language of religious marriage is called mitsâqan ghalîzhan is a strong agreement, to justify the unlawful and makes worship. Marriage is intended to establish a family life is eternal, whole, harmonious, happy, and prosperous. And is a form of servitude to Allah SWT. "For that, the marriage is necessary to mutual understanding, understanding, awareness to build a family that sakinah, mawaddah,...

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Slamet -Srimulyani and Imam-Sujoko Asked for the General Election of Pati Regency to be Repeated

Regional Head Election of Pati regency, Central Java, which was held on July 24/2011 and then, leaving a cross dispute. One of the six candidates who competed in the General Election Starch and one pair of prospective candidates who did not pass the verification appealed to the Constitutional Court (MK) because it is not satisfied with the Election Starch. Both the candidates Slamet Warsito-Srimulyani and prospective partner Imam Suroso-Sujoko. Responding to request a second pair of this pair, the Court held a session of the General Election dispute Starch, on Monday (08/08/2011). Preliminary hearing was conducted by a Panel consisting of Harjono as Chairman of the Panel, accompanied by the Member Panel and Anwar Usman Ahmad Fadlil. Nazrul Ichsan Nasution, the attorney Slamet...

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Reviewing Act of Cooperative: Petition of the Petitioners Denied

Principal Petitioner Abdullah Sani and Husien Djunaidi after hearing the reading Decision of the case number 32/PUU-IX/2011 on reviewing Act No. 25 of 1992 concerning Cooperatives [Article 20 Paragraph (1) letter a and Article 37], on Thursday (28/7) The Case No. 32/PUU-IX/2011 on reviewing Act no. 25 of 1992 concerning Cooperatives reviewed by Muhammad Suryani, Sani Abdullah, Husien Djunaidi, and Badriah. It rejected by the Constitutional Court (MK) in the Plenary Session on Thursday (28 / 7). In the petition, the Petitioners filed the reviewing of two articles in the Act No. 25/1995 on Cooperatives of Article 20 paragraph...

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Court Rejects Request the Deputy Chairman of the Parliament Kupang

Principal Petitioner, Anthon Melkianus Natun as Vice Chairman of the Parliament in Kupang district on reviewing Act No. 27/2009 on MPR, DPR, DPD and DPRD [Article 354 paragraph (2)]. In its verdict the court rejected the petition in its entirety because the petition is groundless arguments according to law, on Thursday (28 / 7) Petition filed by the Vice Chairman of Regency Kupang Melkianus Natun Anthon stated rejected for entirely by the Constitutional Court (MK). The reading of the verdict was read by the Chairman of the Constitutional Court, Moh. Mahfud MD, assisted by eight judges constitution on Thursday...

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Halimah Agustina Kamil Gave Evidence on Judicial Review of Act of Marriage

Chairunnisa Jafizham, Halimah Agustina Kamil’s attorney, former wife of Bambang Trihatmodjo, were reading the petition at a hearing of the judicial Act No. 1 of 1974 on Marriage, Wednesday (27 / 7) Halimah Agustina Kamil’s petition, former wife of Bambang Trihatmodjo, held again at the Constitutional Court (MK), Wednesday (27/07/2011). The trial for case No. 38/PUU-IX/2011 about testing the constitutionality of the material of Law 1 / 1974 on Marriage (Marriage Act) is implemented by a Panel chaired by Ahmad Fadlil Sumadi, accompanied by Achmad Sodiki and Harjono. Halimah who represented by her legal counsel Chairunnisa...

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Salim Alkatiri Reviewed Final and Binding Decision of the Constitutional Court

Principal Petitioner, Salim Alkatiri was reading the plea at a hearing improvement of judicial review of Article 10 paragraph 1 letter a of Act No. 24 of 2003 regarding the Constitutional Court on Tuesday (26 / 7) The review on Act No. 24/2003 on the Constitutional Court held again at Tuesday (07/26/2011). Assembly with the agenda of this petition were Ahmad Fadlil Sumadi as Chairman of the Panel, and were accompanied by Achmad Sodiki and Anwar Usman. The trial for this case Number 36/PUU-IX/2011 filed by Salim Alkatiri. The material was Article 10 paragraph 1 letter a, of Act No. 24/2003 governing authority...

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Judicial Review on Act of Forestry: The Government Consider Petition Blurred

Petitioner’s attorney, Muhammad Ali Dharma Utama is listening to the statements of the Government in the trial testing of Article 4 Paragraph (2) letter b Act No. 41 of 1999 on Forestry, Tuesday (26 / 7) Petitions are not obvious and obscure (obscuur libel) because Petitioner does not clearly describe the applicant’s legal position. It is delivered by the Government, represented by Prasetyo Agung Gunardo in response to the petition for judicial review of Article 4 Paragraph (2) letter b Act No. 41 of 1999 on Forestry, Maskur Anang bin Kemas Anang Muhammad reviewing the Act. Constitutional Court held a hearing to listen to...

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Fleeing the petition, Judicial Review Act Criminal Code and Law on Judicial Authority Not Received

Principal applicant and Aryanto Nugroho and Tjahjadi Nugroho, Commissioner and President Director of PT. Mutual Tlaga Jaya, Semarang, Central Java, while hearing the reading of the Decision Testing Book of the Law of Civil Law (Article 616, 617, 618, 619, 620, and 1918) and Law No. 4 Year 2004 regarding Judicial Power (Article 1, 23, 28 and 33). In Amar Decision of the Constitutional Court (MK) can not accept applications both on Monday (25 / 7) in the courtroom Plenary Court Building. Jakarta, MKOnline - Tjahjadi and Aryanto Nugroho Nugroho, respectively as Commissioner and President Director of PT. Mutual Tlaga Jaya, Semarang,...

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SKLN Kab. East Kutai Vs Minister of Energy and Mineral Resources: Mining Experts Affirm Applicant is a Local Government Authority

Justices of the Constitutional Assembly of Experts are listening to testimony from the applicant Prof. Dr. Laica Marzuki (Professor of Law Faculty of Hasanuddin and former Constitutional Court judge) in the Session of the Dispute Authority of State Institutions (SKLN) between the Ministry of Energy and Mineral Resources (ESDM) and the Regional Government of East Kutai regency, on Thursday (21 / 7) in the Plenary Session of the House MK. Jakarta, MKOnline - Four experts from the Petitioner delivered his statement before the Plenary Session of the case SKLN between the Ministry of Energy and the Government District....

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Petitioner’s Experts: Asean Charter Displace People’s Sovereignty

Sri Edi Swasono become the Experts of the Petitioner reviewing the Act No. 38 of 2008 concerning Ratification of the Charter of the Association of Southeast Asian Nations [Article 1, Paragraph (5)and Article 2 Paragraph (2) sub n], Wednesday (20 / 7) at the Plenary Room The existence of the Charter of the Member Countries of the Association of Southeast Asian Nations (ASEAN), which was ratified by Act No. 38/2008, has eliminated the sovereignty of the people as mandated by the Constitution. In other words, provisions in the Charter, particularly Article 1 Paragraph (5) and Article 2 Paragraph (2) letter...

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Not Effective, Act of Health on Smoking Warning Reviewed

Petitioner attorney , Mustakim (center) reading the petition in front of the judges on trial reviewing Article 114 of Act No. 36 of 2009 on Health on Monday (18 / 7) in Meeting Room Panel Two doctors who focus on the dangers of tobacco in cigarettes, Widyastuti Soerojo and Muherman Harun, along with the Association of Public Health Student Senate of Indonesia (ISMKMI) filed a petition for judicial review of Article 114 of Act No 36/2009 on Health on Monday (18 / 7). Petitioner considers written warnings on cigarette packs ineffective. Petitioner considers the explanation of Article 114 on Act of Health...

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