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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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DECREE Number 40 /TAP.MK/ 2008

FOR JUSTICE BASED ON THE DIVINITY OF THE ALMIGHTY

CONSTITUTION OF THE REPUBLIC OF INDONESIA

DRAW: 1. that the Constitutional Court has recorded in the Book Registration of the Constitution, a plea of Soeparno with a petition letter dated January 17, 2008 which is accepted and listed in the Constitutional Court of the Constitutional Court on Monday 28 January 2008, registration Number 5/PUU-VI/2008 on Testing of Article 77 of the letter a, Section 83 of the paragraph (1) and paragraph (2) Act No. 8 of 1981 on the Law of Criminal Events against the Constitution of the Republic of Indonesia in 1945;

2. that of the Perkara Number 5/PUU-VI/2008 the Constitutional Court has published: a. The Decree of the Chairman of the Constitutional Court Number 23 /TAP.MK/

2008 is dated January 29, 2008 on the Appointment Panel Appointment to check the request of Number 5/PUU-VI/2008;

b. Chief Panel Justice of the Constitutional Court Number 26 /TAP.MK/ 2008 dated February 4, 2008 on the First Session of the Day of the Trial for Preliminary Examination;

3. The Constitutional Court has heard the petitioner in the Panel Session on 18 February 2008;

4. that the applicant in the March 3, 2008 hearing was not present at the trial, but the applicant has delivered a letter through a facsimile received in the Constitutional Court of the Constitutional Court on 3 March 2008. Then the applicant tweeted a letter dated February 29, 2008 which was accepted in the Constitutional Court of Justice on March 6, 2008, in which the applicant retracted his application;

5. that against the request for the withdrawal of the applicant, the Constitutional Court of the Plenary Meeting of the Judges dated 6 March 2008 has established, the recall of the Perkara Number 5/PUU-VI/2008 was not at odds. with an invite-invite, therefore, the request for such recall must be granted;

2

Given: Article 35 of the Law No. 24 of 2003 on the Constitutional Court (State Sheet of the Republic of Indonesia of 2003 No. 98 and Additional Gazette of the Republic of Indonesia Number 4316);

SPECIFIED:

-Grant the withdrawal Return to the supplicant;-Declaring the case Number 5/PUU-VI/2008 on Testing Act

No. 8 Year 1981 on Criminal Event Law (State Gazette Indonesia Year 1981 Number 76, Additional Gazette Republic of the Republic of Indonesia) Indonesia Number 3209) against the Basic Law of the Republic of Indonesia in 1945, retracted;

-Declaring the applicant is unable to resubmit the Test request of Article 77 of the letter a, Section 83 of the paragraph (1), and the paragraph (2) of the Law No. 8 Year 1981 on the Law of Criminal Events (State Sheet of the Republic of Indonesia of the Year) 1981 Number 76, Addition Of State Republic Of Indonesia Number 3209);

-Ordered to Panitera to record the recall of case Number 5/PUU-VI/2008 a quo in the Constitutional Book Registration Book;

Set in Jakarta on March 13, 2008

CHAIRMAN, TD. ttd

JIMLY ASSHIDDIQIE