Kamis, 28 Juli 2011

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...

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...

Rabu, 27 Juli 2011

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...

Selasa, 26 Juli 2011

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...

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...

Senin, 25 Juli 2011

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,...

Kamis, 21 Juli 2011

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....

Rabu, 20 Juli 2011

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...

Senin, 18 Juli 2011

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...

Again, Act of Special Autonomy for Papua Reviewed

Constitutional Judge Hamdan Zoelva (Chief of Panel) accompanied by M. Akil Mochtar and Anwar Usman (each as member of the Panel) to verify the petition in the trial of judicial review of Article 17 paragraph (1) of Act No. 21 of 2001 on Special Autonomy for Papua, Monday (18 / 7) in Panel Room Act No. 21 of 2001 on Special Autonomy for Papua re-examined by the Constitutional Court (MK), Monday (18 / 7). The case registered in No. 41/PUU-IX/2011. Petitioner was Habel Rumbiak. He said Article 17 paragraph (1) contained multiple interpretations on its phrase and it gave rise to obscurity.Hael Rumbiak through its legal counsel...

Article 65 on Act of Constitutional Court Concerning Advocate Independence Reviewed

The petitioners reading the plea in the judicial preliminary hearing Article 65 of Law No.24/2003 on the Constitutional Court, Monday (18 / 7) in Court Building Constitutional Court (MK) held a preliminary hearing of Act No.24/2003 on the Constitutional Court - Case No.42/PUU-IX/2011 - on Monday (18 / 7) afternoon. Petitioner is Suhardi Somomoelyono. He is a Chairman of the Central Executive Committee of the General Collective Employment Advocate Indonesia (KPP KKAI) and Chairman of the Central Board of Advocates and Lawyers of Indonesia (DPP HAPi). Applicant to apply for judicial review against the charge of...

Jumat, 15 Juli 2011

Disputes on the Results of the General Election of Landak Regency: Court Rejected Syahdan-Honorius’ Application

Syahdan Anggoi-Honorius Bruno’s application in Case No. 77/PHPU.D-IX/2011 on Dispute on the Results of the General Election (PHPU) Landak Regency rejected entirely by the Constitutional Court (MK) in Reading Session Decision attended by 9 Judge Kontitusi Friday (15/7).According to the Court, the Petitioner cannot prove the arguments that the Related Parties to money politics in the form of sharing food, money, and others who are caught in the Village Darit, District Menyuke. Evidence in the form of photocopies Applicant Receipt Number 32/PANWAS-KEC.VI/2011 Report, dated June 7, 2011, not enough to convince the Court that the Related Parties have committed some offense argued by the Petitioner. While on the other Related Party has proved that the report had been followed up and clarified...

Kamis, 14 Juli 2011

Court Reviewed Act of Manpower

Constitutional Justice Anwar Usman (chairman of the panel) was accompanied by Hamdan Zoelva and M. Akil Mochtar (each as a member of the panel) reviewing the petition on the trial of Act No. 13 of 2003 on Manpower, Thursday (14 / 7) The Court continued reviewing the Act No. 13/2003 on Manpower on Thursday (14 / 7). Court Registrar had registered the case with Number 37/PUU-IX/2011 filed by three petitioners. They were Ugan Gandar, Eko Wahyu, and Rommel Antonius Ginting.In the trial of improvement petition, the Petitioners were represented by legal counsel. Petitioners have revised the application in accordance with that...

Jumat, 08 Juli 2011

Terms of Divorce on Marriage Act Reviewed in Court

Act No. 1 of 1974 on Marriage reviewed in the Constitutional Court (MK), Friday (8 / 7). This time the divorce terms in Article 39 paragraph (2) f (Explanation) Marriage Act filed by Halimah Agustina Binti Abdullah Kamil told the Constitutional Court to be reviewed against the 1945 Constitution.In case No. 38/PUU-IX/2011, Halimah as Petitioner and Choirunnisa Jafizham represented as legal counsel. Choirunnisa argued that the article has hurt his constitutional rights. In front of the judges of the Constitutional Assembly, led by Achmad Sodiki, accompanied by Anwar Usman and Harjono, respectively as members, the Petitioner said that Article 39 Paragraph (2) f haruf about marriage throughout the phrase "between husband and wife will not be able to get along as husband wife "incompatible...

Dispute over Election Result of Head of Regional District Kulon Progo: Petitioner Reveals Involvement of Regents

The results of the general elections of regional heads of Kulon Progo Regency sued to the Court. The first hearing was held on Friday (8/7) at the Court Panel. The judge in the case numbered panels 78/PHPU.D-IX/2011 consists of Vice Chairman of the Constitutional Court Achmad Sodiki, Harjono, and Anwar Usman .Petitioner in this case consists of two pairs of candidates for regional head. They are the candidate number 3, Suprapta-So'im (Petitioner I) and the candidate sequence number 2, Mulyono-Ahmad Sumiyanto (Petitioner II). They were represented by legal counsel Zahru Arqom and Doni Cahyono.While the Respondent, the General District Election Commission of Kulon Progo attended by the chairman Siti Ghoniyatun and along with several other Commission members. "For our next trial we...

Rabu, 06 Juli 2011

Government: Specific Time Work Agreement and Outsourcing are Constitutional Mandate

Specific Time Work Agreement (PKWT) and outsourcing regulated in Article 59 and Article 64 of Act no. 13/2007 concerning Manpower assessed as part of the government's obligation to provide opportunities for all people of Indonesia to get a decent job as mandated by Article 27 Paragraph 2 of the constitution RI 1945. The opinion was delivered by Sunarno, Head of Legal Department Ministry of Manpower and Transmigration, as the Government Party in front of the judges of the Constitutional led by Moh. Mahfud MD in the Plenary Session on Judicial Review of Case Number 27/PUU-IX/2011 Law no. 13/2007 on Employment, Wednesday (6/7). On that occasion, Sunarno also rejected Petitioner's argument, presented in the previous trial, that Article 59 and Article 64 of Labor Law contradictory to...

Senin, 04 Juli 2011

Jambi Police Denies Involved in Winnings Candidate on Ballot Repeat in Tebo Regency

Jakarta, MKOnline - Jambi regional police chief had never directed, ordered, either orally or in writing to the Tebo Police personnel to provide support to one candidate in a re-vote (PSU) Election Tebo Regency, Jambi Province. Thus affirmed Fauzi Shawwal, when giving testimony before the Panel of Judges of the Constitutional Court (MK), Monday (07/04/2011) Election disputes in court cases Tebo. This information is to ward off accusations alignments Jambi Provincial Police told the couple Sukandar-Hamdi (Suka-Hamdi). "Police have no interest to anyone the winner," said Head Binkum Jambi Police, Fauzi Syawal.  Fauzi also denied witness statements mate-Muttalib Yopi Sri Sapto Eddy (Yopi-Sapto) named M. Zainuri at a hearing before the action of distributing leaflets in the form...

The Court Stated, Phrase "Obligations Following verification" Political Parties Act Unconstitutional

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...