Test The Material Constitutional Court Number 40 Of The Year 2008

Original Language Title: Uji Materi Mahkamah Konstitusi Nomor 40 Tahun 2008

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c5038992ab09d25313232363535.html

The ORDINANCE of the ORDINANCE Number 40/URTAP.MK/2008 for the SAKE of FAIRNESS UPON the DIVINITY of the ONE TRUE GOD of the CONSTITUTIONAL COURT of the REPUBLIC of INDONESIA Considering: 1. that the Constitutional Court has noted in the registration Matters of the Constitution, with their petition letter Soeparno application dated January 17, 2008 that was accepted and registered with the Registrar of the Constitutional Court on Monday, January 28, 2008, with registration of case No. 5/PUU-VI/2008 subject Testing Article 77 a Article 83, paragraph (1) and paragraph (2) of Act No. 8 of 1981 on the law of criminal procedure against the Constitution of the Republic of Indonesia in 1945; 2. that the Lawsuit against no. 5/PUU-VI/2008 the Constitutional Court has published: a. the statutes, the Chairman of the Constitutional Court the number 23/URTAP.MK/2008 dated 29 January 2008 concerning the appointment of a Panel of judges to examine the petition number 5/PUU-VI/2008; b. statutes, the Chairman of the Panel of judges of the Constitutional Court number 26/URTAP.MK/2008 dated February 4, 2008 about the determination of the day of the first hearing for preliminary examination; 3. the case against the Constitutional Court had heard a description of the applicant at the hearing Panel 18 February 2008; 4. that the applicant at the hearing on 3 March 2008 is not present at the trial, but the applicant had delivered a letter through the Clerk's facsimile received at the Constitutional Court on March 3, 2008. Then the applicant menyusulkan dated February 29, 2008 received in the Clerk's Constitutional Court on March 6, 2008 at the point the applicant withdrew his petition; 5. that the recall petition against the applicant's petition, the Constitutional Court on the plenary meeting of the provisional Judges on March 6, 2008 has set the recall petition, Docket number 5/PUU-VI/2008 is not contrary to the law, therefore, petition for recall should be granted;

2 Remember: article 35 Act No. 24 of 2003 on the Constitutional Court (State Gazette of the Republic of Indonesia Number 98 in 2003 and additional State Gazette of the Republic of Indonesia Number 4316); Define: – grant the Applicant the application for withdrawal; -Declare the numbers 5/PUU-VI/2008 subject Testing Act No. 8 of 1981 on the law of criminal procedure (State Gazette of the Republic of Indonesia Number 76 of 1981, additional sheets of the Republic of Indonesia Number 3209) against the Constitution of the Republic of Indonesia in 1945, pulled back; -Declare the Applicant cannot reapply Application Testing Article 77 a, Section 83 subsection (1), and subsection (2) of Act No. 8 of 1981 on the law of criminal procedure (State Gazette of the Republic of Indonesia Number 76 of 1981, additional sheets of the Republic of Indonesia Number 3209); -Instruct the Clerk to note the withdrawal of case No. 5/PUU-VI/2008 a quo in Registration Matters the Constitution; Established in Jakarta on March 13, 2008 Chairman, TD. JIMLY ASSHIDDIQIE TTD