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(Pemilukada) DKI Jakarta is handling the legal field and

handling of the breach.

2. That in working as Chairman and Member of the handling division

the Law and Handling Violations, the applicant found

the issue of the norm of Act No. 15 of 2011, which in

was the principle of the norm. adverse to the authority

The applicant.

3. That the applicant is running his duties as chairman and

members of the Panwaslu center running asas of legal certainty such as

which is included in Section 2 of the (d) section by continuing the alleged report

violation of the Governor's Election and the Vice-Governor of Jakarta which

is not an authority and is reported to be Tim Fauzi Bowo-Nachrowi to

the authority in accordance with Article 75 of the paragraph (1) of the e. All

is done according to the applicable procedure (the proof vide attached).

The applicant 's attempt as a person running the command' s mandate

The Act, suddenly dismissed permanently surely can

disturb the asas of legal certainty and the interests of the community,

in particular the society perform a complaint and report to

Bawaslu/Panwaslu.

4. That the norm of Act Number 15 of 2011 on

Election organizers who according to the applicant is contrary to

The Basic Law of 1945 is 1) Article 28 paragraph (3) along the phrase

"In terms of the plenary meeting DKPP decided member stops

as referred to (1) ..."; 2) Article 28 paragraph (4) to the phrase

"... the decision making as specified in paragraph (3) by DKPP

is further set up with the DKPP Regulation"; 3) Article 100 paragraph (4)

throughout the phrase " In terms of the DKPP plenary meeting decide

dismissal of members as referred to in paragraph (1) and paragraph

(2) ..."; 4) Article 101 paragraph (1) to the length of the phrase"... retrieval of the verdict

by DKPP as Referred to in Section 100 is further set

with DKPP Regulation"; 5) Section 112 paragraph (9) throughout the phrase"DKPP

specifies the Termination ..."; 6) Section 112 paragraph (10) along the phrase"Putermination

DKPP ..."; 7) Article 112 paragraph (12) throughout the phrase" Ruling as

referred to paragraph (10) is final"; 8) Section 112 paragraph (13) along

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the phrase "... must carry out the DKPP ruling"; Act Number 15

Year 2011 on The organizers of the Election.

5. That President of Indonesia's positive judgment Soesilo Bambang Yudhoyono that

declared the 2012 Jakarta DKI already running with

well and be exemplary; the positive view of the Minister of the Interior

which is spoken in The appointment of Governor and Deputy Governor of DKI

elected 15 October 2012; Assessment of Positive Observers from the Sri Eko UI

Wardani and Siti Zuhro of LIPI against the performance of the KPU and Panwaslu DKI;

The Coalition of Civil Society Award for Youth who gave

Youth Award 2012 Award in defiance of DKPP Decision

which considers the organizers not neutral and direct

dismiss the chairman of the Panwaslu DKI in

permanent shows there is an injustice raised by the Determination

DKPP (vide proof attached).

6. That the unfairness is done by the DKPP

since the applicant as Chairman of Panwaslu DKI considers the report

dugaaan unneterterment with evidence of a photo of the applicant with the team

campaign of the co-candidate together with reporters in the Polda Metro

Jaya get permanent stop while Pudisconnect

DKPP against Election organizers KPU DKI Jakarta Dahlia Umar

related to the list of fictionable permanent voters and potentially loss

the constitutional rights of the Jakarta citizens on the 2012 DKI Pemilukada Putermination

The DKPP only got a written warning letter.

7. That in the trial it was already explained to the DKPP assembly that

all charges related to the applicant's disconnection are not true.

All report files are actionable and studied by the Provincial Panwaslu

DKI, including advertising APPSI reported by Tim Fauzi Bowo-

Nachrowi and the report of the Jokowi-Basuki Team (vide evidence attached).

8. Subordinate RI as the direct superior of the Panwaslu Province of DKI also has

awarded the Panwaslu DKI and its broadcasts in

space Media Centre Bawaslu RI dated 25 October 2012 with the Charter

which signed Chairman Bawaslu RI on 16 October 2012

contrary to the dismissal of the applicant on the 16th

November 2012 (vide proof attached).

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9. That the applicant as a citizen has the right to

be an Election organizer but due to be dismissed by the DKPP

and follow up with the dismissal as a member and Chairman

Panwaslu Province of DKI by Subordinaslu then lost the constitutional right as

citizens to register to be the organizer

Election/Pemilukada.

10. That the applicant has difficulty in working like teaching at

a university due to being asked the related status with the Putermination

DKPP, so it is difficult to teach (vide evidence attached).

11. That such problematic norm may also cause

The disruption of the election organizers both Bawaslu and its broadcasts

and its KPU and its broadcasts are ultimately detriable or

at least impeding Staging the Election, as well as incur

legal uncertainty over the duties and authority of the Bawaslu,

KPU and its broadcasts.

12. That the applicant considers MK should not allow

the holding of elections impeded or harmed due to the

the norm that could harm or impede the election.

13. That refers to the Court of Justice since the Decree Number

006 /PUU-III/2005 dated 31 May 2005 and Putermination Number 11 /PUU-

V/2007 dated 20 September 2007 and subsequent rulings,

establishing that loss of rights and/or constitutional authority

as article 51 paragraph (1) the MK bill must meet 5

(five) terms, that is:

1. the rights and/or constitutional authority of the applicant

provided by UUD 1945;

2. the rights and/or the constitutional authority by the applicant

are considered harmed by the enactment of the required Act

testing;

3. Such constitutional losses must be specific (special) and

actual or at least a potential that according to the reasoning that

reasonable to be assured will occur;

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4. A causal relationship (causal verband) between the loss

is referred to and the Act is being mohoned

testing;

5. It is possible that by the request of a request,

then the constitutional loss as the postured will not or

no longer occurs;

Thus there are five absolute terms that must be met in

test the Act against the Basic Law. Condition

first is the qualification of the applicant as a citizen of the Republic

Indonesia, to act as the applicant as affirmed

in Article 51 of the paragraph (1) MK Act. The second term, with the effect of an

the rights and/or constitutional authority of the applicant

is harmed. The third term, the constitutional loss is specific.

The fourth term, the loss arises due to the enactment of the Invite-

Please invite. The fifth term, the constitutional loss

will not happen again if this request is granted.

14. That against the five terms as referred to above is explained again

by the Court by the Decree of the Constitutional Court Number 27 /PUU-

VII/2009 in the formyl testing of the Second Change of the Act

Supreme Court (page 59), which mentions the following:

"From the practice of the Court (2003-2009), individual WNI, especially

taxpayers (tax payer; vide Putermination Number 003 /PUU-I/2003)

various associations and NGO/NGOs are concern over an invite-

Invite for the public interest, legal entity, Local governments,

state agencies, etc., by the Court are deemed legal

standing to apply for testing, both formyl and

materiil, Act against UUD 1945". (See also Lee Bridges,

dkk in "Judicial Review in Perspective", 1995).

15. That if referring to the five terms as mentioned above as well as

refers to the Constitutional Court Number 27 /PUU-VII/2009

that, the applicant has a legal standing due to the applicant

missing the right constitutional to be an Election organizer and

other public officials. The applicant also submitted this application for

public interest in the presence of legal certainty for the public.

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report its case to the Board of Elections and its broadcasts.

The uncertainty of this law is also needed for the KPU and its broadcasts, so

in the run of its duties is not inhospitable by the shadows

the dismissal permanently as an Election organizer.

16. That based on the applicant's description stated above

prove that the applicant (the individual citizen of Indonesia)

has a legal position (legal standing) to act as

The applicant in the request testing this Act.

17. That in the event of this request, the applicant pleaded with

the Constitutional Court to be able to grant legal standing

(s)

for the free, honest and fair election principle with upholding

height of certainty laws, justice, expediency as well as equality of equality

every citizen in the presence of the law.

C. POSITA

for the reasons for the Applicant in section 112 paragraph (12) juncto

paragraph (10), as follows:

Reason 1) Section 28 paragraph (3) throughout the phrase "In terms of the DKPP plenary meeting

decides member stops as referred to paragraph (1) ..."; 2)

Section 28 of the paragraph (4) of the phrase"... retrieval of the ruling as

referred to in paragraph (3) by DKPP is set further with the Regulation

DKPP"; 3) Article 100 paragraph (4) along the phrase " In terms of the DKPP plenary meeting

decide the dismissal of the member as referred to in paragraph (1)

and paragraph (2) ... "; 4) Article 101 paragraph (1) to the length of the phrase"... retrieval of the verdict

by DKPP as Referred to in Article 100 is further set up with

DKPP Regulation"; 5) Section 112 paragraph (9) along the phrase"DKPP specifies

The termination ..."; 6) Section 112 verses (10) along the phrase"The DKPP ..."; 7)

Article 112 paragraph (12) throughout the phrase " The ruling as referred to

paragraph (10) is final"; 8) Section 112 paragraph (13) of the phrase"... shall

carry out the DKPP ruling"; 9) Section 113 of the paragraph (2) to the phrase

"The decision of the verdict against the examination ..." Act No. 15

The 2011 Year on Election Organizing is contrary to the Invite-

Invite Basic 1945.

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1. That the DKPP is under the Act No. 15 of 2011 on

Election organizers are mentioned as a fixed entity

with the final ruling and binding in the sanction dropping against

Bawaslu, KPU, and His teaching.

2. That the existence of the DKPP in the Act No. 15 of 2011

is progress by placing the DKPP as fixed. The nature

remains it solely to address the establishment of the establishment

as it occurred in Law Number 22 of 2007

about the Election Organizer. This can be seen in the test application

Act No. 22 of 2007 filed by Bawaslu

as stated in the Decree of Constitutional Court Number

11 /PUU-VIII/2010.

3. That the Constitutional Court in the Constitutional Court Number

11 /PUU-VIII/2010 mentions that the number and composition of the Board

Honor is constituting an open law policy area (opened

legal policy) of the House and Government, which is not at odds with

Constitution of 1945 and is met in Act No. 15 of 2011

with a composition consisting of the KPU and Bawaslu in a balanced way.

In this framework of thought, Act Number 15 Year 2011 also

complements the Election Organizing Honor Council from the outside party

independent.

4. That in the state system of RI then the DKPP is not an

election organizer such as the KPU and Bawaslu expressed firmly in

in Article 1 of the 5 Act No. 15 of 2011. The position

sits and stands cannot be said to be equivalent (side by side, leiben ein

underi), but also not mutual respect (unter get orned, nacht ein

under), but is actually in position as a " suporting

element/auxiliary organ in the function of the election to

uphold the dignity, the complaint, and the Election Organizing Code of Conduct. This

stated in Article 1 of 22 Act No. 15

The 2011 Election Organizer stating "The Council

The Honor of the Election Organizer, further abbreviated to the DKPP, is

An agency responsible for addressing the conduct of the Organizing Code of Conduct

Election and is a single function of the election function".

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5. The Election Organizing Board of Elections may be laid down with

The House of Representatives (DPR) which is formed in the House of Representatives and is a tool of the House

that remains in accordance with Article 123 of the Law No. 27 Year

2009 of the Assembly The People's Consultative Assembly, the People's Representative Council,

The Regional Representative Council and the Regional People's Representative Council. That

Election organizers as a respectable institution must be guarded

its honor through a support agency (supporting organ)

The Election Organizing Honor Council to uphold the honor

organizer Election.

6. That as an honorary enforcement agency of the Election,

the authority of the DKPP in the Act should be concerned

the authority owned by the General Election organizers is the authority

coaching and supervision that have KPU and Bawaslu against

his level at the bottom level.

7. That the coaching and supervision authority is owned by the KPU and

Bawaslu has been negated by the presence of the

final, whereas the existence of the Election organizers at the provincial level,

the county/city up to the The field was raised by the Election organizers

at a level above it.

8. That Act No. 15 of 2011 is already clear and resolute

puts the DKPP as an external coaching institution against

the ranks of Election organizers. The external coaching institute is not

should be given the authority to disconnect with a ruling that

is final so that it enforces the coaching and supervision authority

owned by Bawaslu and the KPU as contemplated In

Act No. 15 of 2011. The coaching and supervision function

which is egated here is in the process of dismissal of the ranks

Election organizers appointed by Bawaslu and KPU. The ranks

Election organizers are appointed by a decision decided at

in the Bawaslu plenary and the KPU meeting, but the stop is not

through the plenary meeting Bawaslu and the KPU but by the DKPP with

the ruling is final.

9. That in the coaching process and the supervision there is uncertainty

the laws related to which agencies are authorized to drop

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The decision is final regarding the dismissal of Bawaslu and the KPU as well as

on its broadcasts. Of course the condition of this legal uncertainty is already contradictory

with Article 1 of the paragraph (3) juncto Article 28D paragraph (1) Basic Law

1945.

10. That the DKPP is not an institution that runs the power of the judiciary

due to Article 24 of the paragraph (1) of the 1945 Constitution, it is explicitly stated that

the power of the judiciary is the power to run

the judiciary to enforce the laws and justice.

11. That the DKPP is also not appropriate when it is said to be another body that

execues the function of the judiciary, as "other bodies that

function in relation to judicial power are governed in the invite-

invite". other body body related to the body

the judiciary is the prosecutor or the police force as the prosecution body or

investigators;

12. That is thus because the DKPP is not the holder of the institution

the powers of the judiciary so that it is not appropriate if it is characteristic

The DKPP's termination is the same as the final judicial ruling

and binding.

13. That because the verdict is final and binding of the sanctions that

dropped the judiciary holders ' institutions, it should be the DKPP

not making a ruling but a recommendation. Thus the norm in

Act No. 15 of the Year of 2011 which states the DKPP

establishes the ruling as the norm in conflict with

the arrangement of the Power of Justice as referred to in

in Article 24 The Constitution of the Republic of Indonesia 1945.

14. That Indonesia as the State of the Law as referred to in

Article 1 of the Article 1 (3) of the Basic Law of 1945 recognizes the judicial

state enterprise because one of the country's legal features is the existence of

the judiciary Administration. The administrative judiciary in Indonesia is known for

the judicial name of the state of the venture. As for the decision that can be

the object of the lawsuit in the state's civil court is the decision to be

individual, concrete, and final.

15. That the DKPP is based on Article 1 22 of the Law No. 15

The 2011 election of the Election Organizer has been declared unequivocal

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as "... one Election function for the Election" meaning

The DKPP is part of the from the State Department of Business officials because

organizes government functions in the field of Election alignment.

That while DKPP is running the General Election function,

The termination of the DKPP is not the object of the lawsuit in the judicial system State enterprises.

16. That under the terms of the above and if reviewed from Article 1

number 9 of the Law No. 51 of 2009 on the Second Amendment

under the Law No. 5 Year 1986 of the Judicial Tata Injustice

State states:

State Governance Decision is a written assignment that

issued by a state governing body or official of action

laws of state governance based on the rules of the invite-

applicable invitates, which are concrete, individual, and final, which

incur as a result of a law for a person or a data law entity.

17. That Section 2 of the Law No. 5 Year 1986 of the Judiciary

The State Governance provides limitations regarding the Officials ' Decision

Any State Tata Enterprise that can be excluded from being sued to

The Judiciary of the State Tata Enterprises.

Article 2 of the Law Number 5 Year 1986 on Tata Judicial

The efforts specify not to be included in the Tata Decision definition

State Effort under this Act:

a. State Governance Decision which is the act of law

perdata;

b. A State Governance Decision which is the setting that

is common;

c. Decisions of State Enterprises Which Still Require Approval;

d. Decisions of State Governance issued under the provisions

The Book of Criminal Law or the Book of Law

The laws of the Criminal Event or other laws that

are of criminal law;

e. Decisions of State Governance are issued on the basis of results

judicial examination of the judicial body under regulatory provisions

applicable laws;

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f. Decision of State Planning on the Corporate Governance

Armed Forces of the Republic of Indonesia;

g. The decision of the Election Committee, both at the center and in the area, regarding

general election results.

18. That in fact, the DKPP is suspended

the stop is not final because it still has to be actionable

with the Decision Bawaslu and the KPU, so it is very incorrect if

The DKPP disconnect is not final, so the DKPP termination is very close to

its nature with the State Efforts Decision still requires

approval as referred to Section 2 of the letter c Act

Number 5 Year 1986 about the Judicial Justice Country.

19. That the nature of the final in a court ruling with the Decision

The State of the State Administrative Service is a different matter. In the ruling

the court, the final nature is defined in the absence of a legal effort that could

be made against the ruling, while the final nature in a decision

indicates that the decision does not require further approval.

and could be directly executed, while the DKPP putermination cannot be

directly executed without the Bawaslu Decision and the KPU.

20. That the decision of a commission of ethics such as DKPP should be

is not final because it requires further approval from

Bawaslu and KPU to issue a final decision.

21. That with no DKPP termination is recommended

or requires further approval from Bawaslu and KPU, already

raises legal uncertainty in the dismissal process and has

contradictory to Article 1 paragraph (3) juncto Section 28D paragraph (1) Invite-

Invite Basic 1945.

22. That the legal liability to the

final and binding termination of the DKPP could not be performed given the term

the Legal Responsibility of the State Administration in the Tata Judicial

The State Effort is The decision of the KPU or Subordinate Decision

carries out the DKPP termination to dismiss the KPU ranks and

Bawaslu which is the object of the lawsuit in the state court of enterprise.

23. That with no consequence of a state planning lawsuit

experienced DKPP against DKPP Termination due to a lawsuit

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to the Chief Justice and Judicial Commission for the longest 7 (seven)

workday As of the date the inspection date was completed".

40. That in the process of enforcement of the ethics of a constitutional judge in the Court

The Constitution also involves the institution of the Honorary Assembly of the Judges of the Constitution.

The termination of the Honorary Assembly of Justice of the Constitution is

recommendations.

Article 1 of the number 4 Act of 2011 on the Court

The Constitution declared the Honorary Assembly of the Constitutional Court is

a device set up by the Constitutional Court to monitor,

check and recommend action against a Constitutional Judge,

who allegedly violated the Code of Conduct and the Conduct Guidelines of the Constitution of the Constitution

41. That in another institution that is equally entreated in

the Basic Law of 1945 and the dissemination (fit and proper test) by the DPR RI,

for example is the Financial Examiner Agency, the Honorary Council

The Agency Code of Conduct Financial Inspector in dropping of the ethics sanction

to Member of the Financial Examiner is only

proposal/recommendation as referred to in the Act

Number 15 of 2006 on the Financial Examiner Agency juncto

Regulation of the Financial Examiner Number 1 Year 2011 about

Honorary Assembly Of The Financial Examiner ' s Body Code.

42. That is based on a comparison of the judges ' stops in the Court

the Supreme, the dismissal of the Constitutional Court on the Constitutional Court, and

the dismissal of the BPK Members, there is not a single Commission of Conduct/Assembly

Ethics/Honor Council of the three The institution has

a final and binding verdict, but its decision only

is a recommendation/proposal of a stop.

43. That to maintain a marwah or wipropriation of the DKPP institution as

the guard and code enforcement agency of the Election organizer, the proposal

or the DKPP recommendation should be binding and compulsory to be executed

by the organizers Elections. Thus the Election organizers cannot

make a stop decision outside of the recommended recommendation

dropped by the DKPP.

44. That is based on the above description, so it is very contradictory

with the legal state principle of legal certainty (het legaliteit

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beginsel) as in section 1 paragraph (3) juncto 28D paragraph (1)

Act Base 1945, if the DKPP's termination is final.

With the reasons put forth by the applicant above, the applicant

implores the Constitutional Court to grant a plea

testing this Act.

D. PETITUM

That of the entire dalil-dalil described above and the evidence attached,

The applicant please to the Constitutional Court to give the verdict

as follows:

1. Grant the supplicant request for the whole.

2. Declaring Section 28 paragraph (3) Act No. 15 Year 2011

on Election Organizers (State Sheet Of Indonesia

2011 Number 101, Additional Gazette Republic of Indonesia

Number 5246) throughout the phrase "In terms of the DKPP plenary meeting decide

dismissal of members as referred to paragraph (1) ..." contradictory

with the Constitution of the State of the Republic of Indonesia 1945 to the extent

is not redefined " In the event of a plenary session of the KPU deciding the dismissal

members as referred to in paragraph (1) ...";

So that Section 28 paragraph (3) of the Act No. 15 of 2011 on

Election organizers to be"In case of meeting pleno KPU decides

member stops as referred to in paragraph (1), members

concerned are dismissed while as members of the KPU, KPU

Province, or the District/City KPU up to the published

stop decision".

3. Section 28 Of The paragraph (4) Of The Law No. 15 Year 2011

on Election Organizers (State Sheet Of The Republic Of Indonesia

In 2011 Number 101, Additional Sheet Of The Republic Of Indonesia

Number 5246) along the phrase "... the retrieval of the ruling as

referred to in paragraph (3) by the DKPP is further set up with the Regulation

DKPP"contrary to the Constitution of the Republic of the Republic

Indonesia 1945 as long as it is not understood"... The decision making

as referred to in paragraph (3) is further set up with the Regulation

Together between DKPP, KPU, and Bawaslu";

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So that Article 28 paragraph (4) Act No. 15 of 2011 on

Election organizers are becoming "Order of the complaint as

referred to in paragraph (1), the defense as referred to in paragraph (2),

and the retrieval of the ruling as referred to in paragraph (3) is set more

continue with the Rule Together between DKPP, KPU, and Bawaslu".

4. Declaring Section 100 of the paragraph (4) of the Law No. 15 Year 2011

on Election Organizers (State Sheet of the Republic of Indonesia

in 2011 Number 101, Additional Sheet of the Republic of Indonesia

Number 5246) throughout the phrase "In terms of the DKPP plenary meeting decide

dismissal of members as referred to in paragraph (1) and paragraph

(2) ..." contrary to the Constitution of the Republic of the Republic

Indonesia 1945 as long as it is not understood " In terms of the Bawaslu plenary meeting

decides the dismissal of the member as referred to in paragraph (1)

and paragraph (2) ... ";

So that Section 100 of the paragraph (4) of the Act No. 15 Year 2011

on Organizing The election becomes " In the event of the Bawaslu plenary meeting

decides the dismissal of the member as referred to in paragraph (1)

and paragraph (2), the member in question is temporarily dismissed as

member of the Bawaslu, Bawaslu Province, Panwaslu Regency/City, Panwaslu

in the Pleno DKPPmeeting".

11. Declaring Section 28 paragraph (3) Act No. 15 Year 2011

on Election Organizers (State Sheet Of Indonesia

2011 Number 101, Additional Gazette Republic of Indonesia

Number 5246) throughout the phrase "In terms of the DKPP plenary meeting decide

dismissal of members as referred to paragraph (1) ..." no

has the power of the legal binding of the entire unimpediated " In the event

The KPU meeting decided the dismissal of the member as

referred to paragraph (1) ...".

12. Declaring Section 28 paragraph (4) of the Law No. 15 Year 2011

on Election Organizers (State Sheet of Indonesia

2011 Number 101, Additional Sheet of the Republic of Indonesia

Number 5246) throughout the phrase "... retrieval of ruling as

referred to paragraph (3) by DKPP is set further by Regulation

DKPP" does not have a binding legal force as long as it is not

is defined "... decision making as referred to in paragraph (3)

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set further with the Joint Regulation between DKPP, KPU, and

Bawaslu".

13. Declaring Section 100 of the paragraph (4) of the Law No. 15 Year 2011

on Election Organizers (State Sheet of the Republic of Indonesia

in 2011 Number 101, Additional Sheet of the Republic of Indonesia

Number 5246) throughout the phrase "In terms of the DKPP plenary meeting decide

dismissal of members as referred to in paragraph (1) and paragraph

(2) ..." has no binding legal power as long as

is redefined " In terms of the Bawaslu plenary meeting decide the dismissal

member as referred to in paragraph (1) and paragraph (2) ...".

14. States Section 101 paragraph (1) Act No. 15 Year 2011

on Election Organizers (State Sheet Of Indonesia

In 2011 Number 101, Additional Gazette Republic of Indonesia

Number 5246) throughout the phrase "... retrieval of the verdict by DKPP

as referred to in Article 100 is further set up with

DKPP Regulation" has no binding legal force along

not disinterpreted " ... decision making as referred to in

Section 100 is further set up with the Joint Regulation between DKPP,

KPU, and Bawaslu".

15. Article 112 paragraph (9) of the Law No. 15 Year 2011

on Election Organizers (State Sheet of the Republic of Indonesia

2011 Number 101, Additional Gazette of the Republic of Indonesia

Number 5246) throughout the phrase "The DKPP sets the Disconnect ..." no

has a binding legal force as long as it is not understood "DKPP

specifies the Recommend ...".

16. Represent Article 112 paragraph (10) of the Law No. 15 Year 2011

on Election Organizers (State Sheet of Indonesia

2011 Number 101, Additional Sheet of the Republic of Indonesia

Number 5246) throughout the phrase "Putermination of DKPP ..." does not have

the power of the law is binding as long as it is not understood "Recommends

DKPP ...".

17. Declaring Section 112 (12) Act No. 15 Year 2011

on Election Organizers (State Sheet Of The Republic Of Indonesia

2011 Number 101, Additional Gazette Of The Republic Of Indonesia)

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Number 5246) throughout the phrase "The disconnect as referred to in the paragraph

(10) is final And binding"has no legal force

binding to the extent undefined"The recommendation is binding".

18. Article 112 paragraph (13) of the Law No. 15 Year 2011

on Election Organizers (State Sheet of the Republic of Indonesia

2011 Number 101, Additional Gazette of the Republic of Indonesia

Number 5246) throughout the phrase "... obliged to carry out the DKPP ruling" no

has a binding legal force as long as it is not understood "... mandatory

carry out the DKPP recommendation".

19. Declaring Section 113 (2) Act No. 15 Year 2011

on Election Organizers (State Sheet Of Indonesia

In 2011 Number 101, Additional Gazette Republic of Indonesia

Number 5246) throughout the phrase "Take verdict ..." does not have

the power of the law is binding as long as it is not understood "Take

Recommend ...".

20. Ordering a loading of this ruling in the Republic News of the Republic

Indonesia as it should be.

Or, if the Constitutional Court argues otherwise, please a fair ruling

and a good one (ex aequo et bono).

[2.2] Draw that to prove its control, the applicant has

submitted written evidence given P-1 evidence until with the evidence

P-14, which had been passed in the trial dated April 16, 2013, as

The following:

1. Proof of P-1: Photocopy Act No. 15 of 2011 on

Election organizers;

2. Proof P-2: Photocopy of DKPP ruling Number 15 /DKPP-PKE-I/2012 about

Stop;

3. Evidence P-3: Photocopies of Media clippings of the President, Underlying Gri,

Observers Sri Eko Wardani and Siti Zuhro, Coalition

Civil Society;

4. Evidence P-4: Photocopy of newspaper clippings reported to DKPP;

5. Evidence P-5: Photocopy of the General Election Supervising Board Number

529 /Und/Bawaslu/X/2012, on 24 October 2012, subject:

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Invitation;

6. Proof P-6: Photocopy Of The Panwaslu DKI Disnetralan Letter

In The Case Of An APPSI Ad;

7. Proof P-7: Photocopy Handling Report and Findings

Panwaslu DKI in the First and Second Round;

8. Proof P-8: Photocopying Specific Handling Of The APPSI Ad;

9. Proof P-9: Photocopy Lawsuit to the State Tata Courts (PTUN)

DKI Jakarta Number 23 /G/2013/PTUN Jakarta;

10. Evidence P-10: Photocopy Chart The organizational structure of the Supervising Committee

Pemilukada Province of Jakarta in 2012 and the Letter

Decision of the General Election Supervisors Number 581-

KEP of the Year 2011 on the Designation Of Committee Member

Regional Chief Election Supervisor and Deputy

Regional Head of the Special Blood Province of Jakarta Capital;

11. Proof P-11: Photocopy Letter Statement on behalf of Ramdansyah, dated

25 February 2013:

12. Evidence P-12: Photocopy of media clippings;

13. Proof P-13: Photocopy of Public Exsamination Verdict The House ruling

Honor of the General Election of the Republic of Indonesia No. 25-

26 /DKPP-PKE-I/2012;

14. Evidence P-14: Photocopy of the General Election Board of Honor

No. 01 /KE-DKPP/VI/2012 and No. 02 /KE-

DKPP/VI/2012;

In support of the control, the applicant submitted two witnesses

who provided the caption at the Under oath in the trials of May 29,

2013 and June 17, 2013, Denny Iskandar and Alamsyah Mahmud Gayo, at the point of the ceremony,

1. Denny Iskandar

At the 2012 Jakarta season, witnesses were the campaign team

the Jokowi-Basuki couple. The prospective spouse of Governor Jokowi-Basuki

is supported by the Political Party of PDI Struggle and the Gerindra Party.

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The witness vote comes from the PDI Party of Struggle. The courage of the witness to be

a witness in the trial of Law No. 15 of 2011 due to involvement

active witnesses in every fact that appeared in the Jakarta-based Pemilukada.

The view on the 2012 Jakarta DKI was impressed. sangar and hiruk

pikuk, in particular about the issue of tribal, religious, race and intergroup

(SARA). A variety of issues came in the election that citizens

Jakarta went through a year ago. It was an impression that emerged from the outside because

the rise of media coverage, especially television. However, during the

there were communication between the organizers and

the election participants of the Governor of the DKI went well. The relationship between the KPU,

Panwaslu DKI, six candidates for the first and final rounds

two prospective couples in the second round of the atmosphere are conducive. As for

witness reports relating to alleged criminal offences and ethics violations

that the Chairman of the KPU DKI, Dahlia Umar, related to a permanent voter list

(DPT) more to the witness laws ' efforts to allow DPT to be noticed

so that the quality of our democracy is going well. Guilty verdict

DKPP related to DPT DKI issues against Chairman KPU DKI in form

stern warning. The DKPP ruling is different from those experienced by

Chairman of Panwaslu DKI which led to dismissal for allegedly non-neutral

post-Pemilukada.

The view that on the 2012 DKI Pemilukada trip witnesses were reported to be related

The alleged campaign ad APPSl by the plaintiff of the pair

Fauzi-Nachrowi to Panwaslu DKI is a reasonable thing in

democracy. Witnesses as a Jokowi-Basuki campaign team were assigned

meeting the clarification call of Panwaslu DKI on behalf of the candidate of the candidate

Governor of DKI. There are other parties to be called upon in this agency

The Indonesian Association of Market Traders (APPSI) which installed the advertisement

is the usual commonplace in the Election/Pemilukada process.

s in case of APPSI advertising, clarification and continued with mediation

turns out to be a failure and passed by Panwaslu DKI to Gakkumdu

(Integrated Law Enforcement). This is a procedural step that will be

of Panwaslu ' s obligation. Witnesses did not see any issues related to the report

Panwaslu DKI to the Polda Metro Jaya at the time and it turned out to be this

being the point of the problem of Sdr's alleged unneutrality concerns. Ramdansyah at

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The Election Organizing Honor Council (DKPP). Speaker of Panwaslu DKI

reportedly not neutral with evidence of print mass media photos when

center reported an APPSI ad case in Polda Metro Jaya pose

next to the Fauzi Bowo-Nachrowi Campaign Team and reporters.

The press That Mr. Jokowi was surprised when he received the announcement that Chairman

Panwaslu was fired as an election organizer by the DKPP. He

briefly asked the witness why Ramdansyah was dismissed.

The view that the witness during this time was intense as liason officer (officer

liaison) Team Jokowi-Basuki and the organizer in this matter KPU and

Panwaslu DKI (a letter of duty as a prospective spouse's campaign team). Sir

Jokowi questioned this because after the 2012 Pemilukada was completed,

already being sworn in over half a month turns out to be still a matter of which

has not yet been completed even as a fatal result of the organizers who have been

providing the best service to the 2012 Pemilukada participants.

The deal is already in place with the 2012 Jakarta season running

with both smooth and condusting. Statements of the President, Ministers, observers

politics, citizens of Jakarta and outside Jakarta, including Pak Jokowi

that the Pemilukada DKI Jakarta is an example to the province even

other districts/cities. The election/Pemilukada is a barometer

the public is listening and keeping an eye out for it to walk

in accordance with the democratic corridor. That there were mutual reporting between the teams

campaigns to the organizers were commonplace. Likewise

organizers reported by participants were also commonplace. But related to

the convening of the organizers when the election party is over and not

there is a loss of anything on the witness side as the participants of Pemilukada

is an extraordinary occurrence. It shows no respect

against the organizers who are already working well. It needs

it is known once again that Ramdansyah dismissed DKPP after

Pemilukada DKI or half months after Mr. Jokowi-Basuki was sworn in.

While there is no lawsuit disputes the General Election Results (PHPU) to

the Court The Constitution. And this is a positive assessment and

being an example for other regions that the candidate couple should not refer to-

refer to MK, the legowo and the Fauzi-Nachrowi warrior accept defeat

needs to be an example in the Pemilukada Everything goes to MK.

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The witness is aware that this noble forum wants to sit the issue

the legal norm regarding the article in the Election Organizing Act.

The idea that what Sdr is doing. Ramdansyah continues an event

the law according to the Fauzi Bowo-Nachrowi Campaign Team report to the Polda Metro

Jaya or Gakkumdu is an obligation of Election organizers.

If the concerned do not forward the event This law, the witness is sure

The Fauzi Bowo-Nachrowi Campaign team will drag Chairman Panwaslu DKI

to the DKPP over the report due to a report that was already delivered to

Panwaslu DKI. What Ramdansyah has already done needs to be appreciated

and respected. That all parties have already given the award and

respect then allow the witness to convey the respect and receive

love for nothing that Sdr has done. Ramdansyah. "He was in the eyes of the nation and in the interests of the nation and the nation." This witness felt and experienced during

The 2012 DKI Pemilukada. No discrimination or impropriety that

carried out Ramdansyah, but unfortunate devotion

Ramdansyah led to dismissal.

The injustice of the injustice befell Sdr. Ramdansyah in Pemilukada DKI and

may also be other Election organizers in Indonesia must be terminated.

There must be room for the organizers to be disconnected dismissed by

DKPP. The absence of the legal space of effort led to injustice

befell Sdr. Ramdansyah. This may be repeated if

this space does not exist.

2. Alamsyah Mahmud Gayo

The present day of Jakarta's Jakarta-Pemilukada witnessed the following

being the Head of the Development Field of Unity Agency

Nation Bakesbangpol DKI Jakarta, this field is coordinating

between the organizers and the Election participants or the Pemilukada. Existence

this agency to help facilitate the organizers and participants

the intern is to walk according to the already established corridor.

The Team of the Jokowi-Basuki and Fauzi-Nachrowi Campaign Teams

are two couples who qualify for the second round of the election

Governor/Vice Governor of DKI 2012. The division of Jakarta was last year,

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gaining national attention, both from the President, Home Secretary,

Menkopolhukam, even of the community Political observers.

A positive impression of the 2012 DKI Pemilukada, delivered

led by several meetings. Witnesses provide an appreciation

to the organizers of the Election, both the KPU and Panwaslu DKI. Witness

saying thank you in the meeting held

Panwaslu DKI Jakarta at the top of November 2012. The governor of DKI

period 2007/2012, Fauzi Bowo, also conveyed his thanks to

the football panwaslu DKI in the meeting of the Panwaslu audience and

Pemprov DKI, shortly before Mr. Governor DKI picked up the family,

leaving the town hall.

The award-high award to the organizer who has

high dedication to the job, is a commonplace. Witnesses as

political embiters in the province of DKI, do so. But the policy

done by the DKPP is certainly at all surprising. That's outside

witness estimates. There was no defense against Brother Ramdansyah,

Chairman of Panwaslu DKI, after being declared dismissed DKPP.

The view that the 2012 DKI Election was running smoothly. Participation

The Panwaslu DKI in succeeding the Election of DKI is very significant. This

is seen in the completion of a fixed voter list case (DPT), where

many options cannot vote in the first round, but

can then vote in the second round, after Panwaslu DKI

push KPU DKI to open a DPT registration posko for

fixing DPT which is considered less good by DKPP. Not to mention,

Panwaslu DKI 's efforts in preventing potential conflicts into the SARA issue,

that may appear in Jakarta' s DKI, unfortunately travel Chairman Panwaslu

DKI quits after being reported to the Organizing Honor Council

Election or DKPP. Witnesses did not see Brother Ramdansyah perform

a violation or weight next to one of the prospective spouses.

So it is reasonable if the concerned gets an appreciation of the many

parties.

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In addition to witnesses, the applicant also submitted 1 (one) expert person, DR. Suparji, S.H., M.H., which was heard under oath in the May 29, 2013 trial, in the case of the following:

The request judicial review submitted by the applicant was a case

which occurs within the scope of the Legal Law. Therefore, without having

excessive pretension, and reducing the meaning of explanation from the discipline angle

other science, the expert argues that the explanation of the Tata's Legal Science angle

The state is already as well as it is seen as having a relatively high relevance

compared to the explanation of the other disciplines angle. This

surely by referring to the proportionality principle, that is

places the discipline of the State Tata Law as an instrument for

conduct analysis of the problems arising in

hosting Elections.

The Electoral College is a means to realize sovereignty

the people in the government of the State of the Republic of Indonesia, as

mandated by the State Basic Law of the Republic of Indonesia of the Year

1945. Elections are a very important part of building

a democratic political system. The powers that are essentially belonging to and

are in the hands of the people, through the election he is devoted to his deputies

in both legislative and executive institutions.

The vote through the Election takes place the legitimacy of power run by government.

Not excessive if then the Election is said to be an acad process

a social contract between the people and the representatives of the people and the government

democratic.

The current election of the Election must be continuously sought for improvement

its quality to meet honest, fair, direct, general, public, free

and secret and accountable requirements. One of the efforts to improve the election was

to form the Election Organizing Honor Council (DKPP). Legislation

Election organizers encode the DKPP having the authority

to prosecute the ethics of the Election organizers, namely the KPU, Bawaslu and its broadcasts

to the district/city. The establishment of the DKPP is based on an experience that

-already, election organizers no one controls.

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The Election Organizer was elected due to public trust (public trust).

This public confidence must be kept for the honor of Election organizers

not broken. The presence of the DKPP is expected to improve the quality of the election

coming. The existence of the DKPP as the first new institution

was created, expected to improve the performance of the two institutions considered

still less than optimal in the previous elections. Structurally DKPP is not

higher than the KPU and Bawaslu. Oversight of the KPU was carried out

by Bawaslu and the DPR. The DKPP is not a higher new judicial institution

than the others.

The review is reviewed from its tenderness function, the DKPP is the agency in charge

addressing the violation of the Election organizers ' code of conduct and is the one

General Election function. The intent of the Invite-

Invite is to make DKPP an independent institution, which

free of influence, will, or control of the power branch

executive and not responsible to the branch That power.

The foundation based on the DKPP's authority then the verdict concerns the individual,

whether it violates ethics or not. As such, the DKPP does not make

a ruling that states guilty or innocent, but above

makes a recommendation with a measure of inappropriate and inappropriate. This

corresponds to the existence of ethics as an instrument to evoking

awareness to be humane. Substantively, the ethics differ with

the law, because the ethics apply to a particular profession environment, whereas

the law applies to the general public. On the other hand, sanctions against a violation of the conduct

form the tuntunan, sanctions against the violation of the law are charges.

The passage of Article 1 of the paragraph (3) of the Constitution of the Republic of Indonesia of Indonesia Year

1945 reads, "The State of Indonesia is the state of the law". Further, Article

28D paragraph (1) states, "Everyone is entitled to the recognition, guarantee,

protection, and fair legal certainty as well as the same treatment in

before the law". The legal state of Indonesia will be able to create

democratic people's well-being, if it can create three qualities:

predictability, stability, and fairness. Predictability means the law gives

The certainty of action is made. Second, stability means law

can accommodate the competing interests in the community. Third,

the law must be able to create fairness that is justice. If there are no standards

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what is fair and what is good, then in the long term power can

lose legitimacy.

The uncertainty of legal uncertainty as one of the legal purposes is influenced by flow

positivism law. According to John Austin, to achieve legal certainty,

the law must be separated from the morals. Another of the positivist thinkers, Hans Kelsen,

made positivism the law was increasingly strict. In fact, the law is not only

released from moral issues but also to be mummised from anasir-

non-legal anasir such as philosophy, politics, psychology, economics, and social (reine

rechtslehre).

The views of Hans Kelsen's view to purified the law from anaesthesia

non-laws influenced by the development of the Philosophy of Science. An

flow, including Hans Kelsen's pure legal theory, was born of a philosophical base that

is strong and not only the momentary ideas that respond to conditions or

issue specific issues. Hans Kelsen's thought was able to influence legal thinking

in many parts of the world. The legal thinking system began to turn sharply

to be monistic. Hans Kelsen agreed with Austin ' s teaching that the law

must be separated from morals. In fact, Hans Kelsen is consistent with holding

the self does not speak an abstract philosophy of law, thus,

the law should take away from all political, economic, psychological and

forth. A shift in the view of a small part of the study of the law

was matted into the world's state of scientists at the end of the 20th century, in the

global face of radically change. If throughout the modern era,

science is fairly defined by only the mechanistic approach, but

in the era postmodernism has changed towards a plurality of plurality and organismic

science. Postmodernism as a critique of modernism and out of

positivistic traditions. The philosophy of breathing postmodernism united in

the rejection of "great stories" (grand narrative), rejecting the thought of the dichotomist

(binary opposition), rejecting the totalisation and obyetivity of science.

Emphasis postmodernism at right of different (right to be different)

so there is no single truth. With its deconstruction style,

postmodernism breaks down (discontinuity) the truth claims stay and

all the rationality that it actually does. Postmodernism has been

multiplying the dominant modernist way of view in the region

the law.

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current current, positivism is no longer in the normal state of science.

Flow critical legal studies, taking a critical role challenging the security

legal positivism. In the postmodernism era this, the law becomes an area that

opens.

The above description is intended to review the provisions of Article 112 paragraph (12) of the Act

Election organizers stating that the DKPP ruling is related to the breach

the conduct is final and binding. With this provision, the mandatory DKPP Decision

is implemented so that there is no other legal attempt for the party to be decided

guilty.

The final decision of an ethics enforcement agency that is final and binding could potentially

contrary to the principle of justice being the principle of the state of law.

Because, if election organizers can submit new evidence,

The trial as a proof vessel will not be held.

The Norma is listed in the Election Organizing Act more

oriented toward the asas of legal certainty and indeed often contrasts

with the principle of justice. Whereas, it should be the principle of legal certainty

it should be linear with asas of justice. The nature of the state of law is

justice is more devising than with the principle of legal certainty.

The law of law in the event law must run linearly with

the materiel law. Justice will not be created if the law is simply depaning

the procedural aspect. For example, in taking decisions on suspicion

ethics violations of election organizers, in addition to being seen procedural aspects, also

must be seen the success of hosting those elections and the presence of

losses that may be suffered by an Election participant.

The person is therefore, given that the DKPP is its second to be an institution of the extermination

external and not the perpetrator of the judiciary, but it is the institution

that is intended to maintain the state and dignity of the judiciary. election organizers

independently, free of influence, will or control of

ekesecutive power branch, then the DKPP ruling should be

recommendations, not final and binding.

The termination of the termination may provide another legal effort. Because, in

generally the code of ethics in Indonesia, its decisions are also not being

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final and obligatory, but provides recommendations and

its implementation depends on the institution authorized.

The type is based on the explanation, then to avoid any decision

which may interfere with the election due to a decision

that exceeds the authority of the DKPP and the ruling that is contrary to

the constitution in particular Article 28D paragraph (1) of the Country Basic Law

Republic Indonesia Year 1945 then Article 100 paragraph (4), Article 101 of the paragraph (1),

Article 112 of the paragraph (9), Section 112 (10), Section 112 (12), Section 112 (12) and Section 112

paragraph (13) The Election Organizing bill needs to be reviewed and should be better

aborted.

[2.3] A draw that the President has delivered the caption in

the May 7, 2013 trial and submitted the written caption that

received at the Court of Justice on 26 June 2013 which on

instead specifies the following:

I. SUBJECT OF THE APPLICANT

1. That the applicant as a citizen has the right to

be an Election organizer but be dismissed by the DKPP (next

abbreviated DKPP) and follow up with dismissal as a member

and Chairman of Panwaslu Province of DKI by Bawaslu.

2. That according to the applicant, the Organizing Honorary Council

The election that dismissed the applicant from his position as Chairman

The final Panwaslu DKI is not appropriate because the DKPP is not

the power-holder institution The Judiciary and supposedly form

the verdict is a recommendation. This is contrary to Article

24 UUD 1945.

3. That according to the applicant decision of the DKPP should not be

is final due to the need for further approval from Bawaslu. This

gives rise to legal uncertainty and is contrary to Article 1

paragraph (3) and Article 28D paragraph (1) of the 1945 Constitution.

4. That in point the applicant assumes that Article 28 (3) and

paragraph (4), Section 100 of the paragraph (4), Section 101 of the paragraph (1), Section 112 of the paragraph (9), paragraph

(10) and paragraph (13), and Article 113 of the paragraph (2) of the Act of 15 Year 2011

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about the General Election in conflict with Article 1

paragraph (3), Section 24, Section 22E verse (1) and paragraph (5), and Article 28 of the paragraph (1)

The Basic Law of the State of the Republic of Indonesia in 1945.

II. ABOUT LEGAL STANDING (LEGAL STANDING) PEMOHON

In accordance with the provisions of Article 51 of the paragraph (1) Act No. 24 of the Year

2003 on the Constitutional Court as amended by

Act Number 8 Year 2011, stating that the applicant is

the party who considers the rights and/or its constitutional authority to be harmed

by the enactment of the Act, that is:

a. Individual citizens of Indonesia;

b. the unity of the indigenous law society as long as it is alive and appropriate

with the development of the community and the principle of the Republic of the Republic of the Republic

Indonesia that is set in undang-Undang;

c. the public or private legal entity; or

d. country institutions.

The above provisions are expressed in its explanation, that what

with "constitutional rights" is the rights set in the Act

The Basic State of the Republic of Indonesia in 1945 then first. must

explain and prove:

a. Qualify for the a quo as referred to in Article

51 paragraph (1) Act No. 24 of 2003 on the Court

Constitution as amended by Act No. 8

Year 2011;

b. The rights and/or its constitutional authority in qualifying are referred to

which are considered to have been harmed by the enactment of the tested Act;

c. Rights and/or constitutional authority of the applicant as a result of

the enactment of the required Act.

Further the Constitutional Court has provided the understanding and limitation

cumulative over rights losses. and/or constitutional authority that

arises due to the enactment of an Act according to Article 51 of the paragraph (1)

Act No. 24 of 2003 on the Constitutional Court (vide

ruling Number 006/PUU-111/2005 and subsequent rulings), should

meet 5 (five) terms:

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a. the constitutional right of the applicant given by the Act

Basic State of the Republic of Indonesia in 1945;

b. that the applicant ' s constitutional right is considered by the applicant to have

harmed by an Act tested;

c. that the intended constitutional loss is specific

(special) and actual or at least potentially a potential that

reasonable reasoning can be certain to occur;

d. Due (causal verband) between the loss and

the enactment of the Act is moveed to be tested;

e. It is possible that by the request of the request then

the constitutional loss postured will not or no longer occur.

Over those matters above, may the need be questioned in the interests of Para

The applicant whether it is appropriate as a party that considers the rights and/or

its constitutional authority aggrieved over the provisions of Article 28

paragraph (3) and paragraph (4), Section 100 of the paragraph (4), Section 101 of the paragraph (1), Section 112 of the paragraph (9),

paragraph (10) and paragraph (13), and Article 113 of the paragraph (2) of the 15 Year Act

2011 of the Organizer General Election.

Against legal standing (legal standing) the applicant. The government

submitted fully to the Court to assess and

decide on it.

III. THE GOVERNMENT ' S EXPLANATION OF THE APPLICATION MATERIAL IS BEING HONED FOR IN THE TEST

1. That the general election is the form or mechanism of the system

a state government as an attempt to realize the sovereignty of the people.

One of the pillars of democracy is the principle of equality and

the independence of each branch The power of the state to each one

the branch of power can keep an eye on each other and offset

(checks and balances). In terms of government office insertion and

member of the representative agency, the 1945 Constitution determines through the election

the general, in which there is a principle of mutual oversight and

compensate for the organizers, participants, and election supervisor

general;

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2. Article 22E paragraph (1) of the Constitution of 1945 states that hosting

general elections are executed in person, general, free, secret,

honest, and fair every five years, this can be realized if

executed by the organizers of the general election that have

integrity, professionality, and accountability.

Further Section 22E paragraph (5) of the 1945 Constitution states that the election

is generally organized by a public election commission

national, fixed, and self-sufficient. In order to escort its embodied

Iangsung general elections, general, free, secret, honest, and fair

there is a need for an oversight to make the general election correct-

is properly implemented based on the general election asas and regulations

laws. The phrase "a general election commission" in the Constitution

1945 does not refer to an institution's name, but designates

on the function of the national elections that are national, fixed

and independent. As such, the function of staging the general election

not only exercised by the Electoral Commission (KPU), will but

including the general election watchdog agency in this matter

General Election Supervisors (Bawaslu). In the event of an Election

there is also an Election Organizing Board of Honor, as

the agency responsible for addressing the violation of the Organizing code of conduct

The election which is a single unity function Election.

3. The DKPP is a further development of the Board

Honorary (DK) agency that is the completion tool of the KPU, KPU Province,

and Bawaslu formed to deal with the code of conduct violations

The existing Election Organizer Previously based on Law

No. 22 of 2007 on Organizing Elections. The position of the Board

Honor at that time had difficulty in implementing

a code of conduct oversight of the conduct of the Election, as

in the decision-making issued by the Council of Honor

still far from the sense of public justice towards election organizers

because the Council of Honor is often in decision making

relating to hosting a code of conduct is difficult to implement

in terms of cracking down/execute decisions, due to the formation of DKPP

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is conducted through the KPU's plenary and expanded decision meeting

Election organizers.

On the basis of the need to maintain independence and neutrality

organizers Elections and the improvement of the quality of the election,

being an important and strategic need to form the Council

Honorary Smuggling of Elections, and not the

the completeness of the KPU and Bawslu. then set up in the Invite-

Invite Number 15 Year on Organizing General Election.

4. The position of the DKPP becomes important and strategic in the democratic system

which is built with respect to the law (the rule of law) and

ethics (the rule of ethics) simultaneously. "The Rule of Law ' works

based on"Code of Law", while"the Rule of Ethics"works

based on"Code of Ethics", which affirms it through

an independent judicial process, impartial, and open, i.e. judicial

law (court of law) for legal matters, and ethics courts (court of

ethics) for ethical problems.

5. DKPP is set up to check and disconnect and/or

report of an alleged violation of a code of conduct committed by members

KPU, member of KPU Province, member of KPU District/City, member of the PPK,

PPS member, member PPLN, member of KPPS, member of KPPSLN, member

Bawaslu, member of Bawaslu Province and member of Panwaslu

District/City, member of Panwaslu District, Election Supervising member

Field and member of the Foreign Election Supervising. The membership of the DKPP

comes from the element KPU, element Bawaslu, and public figures, so

in deciding a violation of the code of conduct that concerns

Election organizers are already represented with the presence of members of the KPU and

member Bawaslu as part of the DKPP member.

6. The DKPP sets out the ruling after conducting the research and/or

verification of the complaint, then listening

the defense and testimony of the witnesses, as well as paying attention to the evidence.

The DKPP ' s severing of sanctions or rehabilitation is taken in a plenary meeting

DKPP. Sanctions can be a written reprimand, a temporary stop,

or a fixed stop whose verdict is final and binding and

is mandatory by the Election organizers. DKPP in this case is not

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decided to administratively stop organizing members

elections in violation of the ethics code, but the DKPP decision is mandatory

follow up in the form of the organizer ' s decision letter election.

The termination of the DKPP is not ultra petita as it is

the DKPP authority provided by the Act in severing

an alleged ethics violation carried out by the Election organizers.

7. That the DKPP ruling is final and binding, it is related to the

thing as follows:

a. The question of implementing ethical norms from the organizers of the Election,

because the purpose of the code of conduct is to keep the grievances

and the integrity of the profession.

b. with respect to the stages in the established elections

previously/ongoing, so the legality of the election is guaranteed

and is held in fairness and fair.

c. provide legal certainty and warning for KPU and Bawaslu

as election organizers in implementing each stage

to be more cautious and neutral without taking sides with any of the election participants.

8. Against the presumption of the applicant stating the DKPP

should be recommended, according to the Government, currently in

the Indonesian state system has several agencies

code of ethics in the posts of the state of Indonesia. Public:

a. In the area of the judiciary, there is the Judicial Commission, in addition to the

Honorary Assembly of the Judges (MKH) in the internal system of the Court

the Great. In the Constitutional Court there is also an Honorary Assembly

Judge (MKH) of the Constitutional Court;

b. In law enforcement agencies, there is a KOMPOLNAS for the Police

and the Attorney General ' s Commission for the Attorney General as well as the Ethics Commission for

KPK;

c. In the environment of the legislature, namely the DPR and the DPD there has been an Agency

Honor of the House and the DPD Honor Agency.

The results of the examination of the code-law enforcement agencies are final

and binding as well as mandatory for this matter related to

the position, lateness and to preserve the dignity of each

office as a noble profession (officum nobile).

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9. Against the presumption of the applicant feeling the right as a citizen

to be the Election organizer was harmed by being dismissed by

DKPP, according to the Government it is unwarranted because the applicant

has taken part in the election organizers, no more DKPP ruling

is the issue of implementation of the Act so

eventually the applicant is dismissed from his post

election, but at his point is the the right of any citizen

who has been eligible to participate in the participate in the election

general, balk as electors and Election organizers.

10. That the existence of the DKPP is not in order to enforce/remove

the supervision and coaching functions performed by the KPU and Bawaslu

because each agency has the task and function that

is different. Things are handled and completed by the KPU and Bawaslu are

related to the election, while the thing handled by the DKPP

is related to ethics violations by the election alignment.

IV. Conclusion

Based on that explanation above, the Government pleads to

The Speaker/Assembly of the Constitutional Court is examining, prosecutable, and

severing the 2011 15 Year Act Testing on

The organizers of the General Election against the Basic Law of 1945 can

give the verdict as follows:

1. Declaring the applicant has no legal position (legal standing);

2. Rejecting the applicant's testing request entirely or at least

states the applicant's request is not acceptable (niet ontvankelijk

verklaard);

3. Received overall Government information;

4. Stating that Section 28 of the paragraph (3) and paragraph (4), Section 100 of the paragraph (4),

Section 101 of the paragraph (1), Section 112 of the paragraph (9), paragraph (10), and paragraph (13), and Article

113 paragraph (2) of the Act of 15 Year 2011 on Governing

General Election not to conflict with Article 1 of paragraph (3), Article 22E

paragraph (1) and paragraph (5), and Article 28 of the paragraph (1) of the Basic Law

Republic of Indonesia in 1945.

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[2.4] A draw that the People's Representative Council (DPR) has

delivered the caption and submitted the written in

court dated May 29, 2013 which at the point described as

below:

THE PROVISIONS OF LAW NUMBER 15 OF 2011 ON THE ORGANIZERS OF THE GENERAL ELECTION ARE BEING ASKED FOR TESTING OF THE CONSTITUTION OF THE REPUBLIC OF INDONESIA IN 1945 THE PETITIONERS IN HIS PETITION APPLY FOR THE EXAMINATION OF ARTICLE 28

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Constitutional authority

[3.3] weighing that under Article 24C of the paragraph (1) of the 1945 Constitution, Article

10 verses (1) letter a Law Number 24 of 2003 on the Court

Constitution as has been amended by Law No. 8 Year

2011 on Changes to the Law No. 24 Year 2003 concerning

Constitutional Court (State Gazette of the Republic of Indonesia Year 2011 number

70, Extra Sheet Indonesia Republic of Indonesia Number 5226, next

called Act MK), as well as Article 29 paragraph (1) letter a Law Number 48 of the Year

2009 on the Power of Justice (State Sheet of the Republic of Indonesia

Year 2009 Number 157, Additional Gazette of the Republic of Indonesia Number

5076, subsequently referred to Law 48/2009), wrong one constitutional authority

The court is to prosecute at the first and last rate that its verdict

is final to test the Act against the Basic Law;

[3.4] Draw that the applicant's plea is testing

the constitutionality of the articles in the Act of 15/2011 against UUD 1945 then

The court of law to prosecute a quo;

The Occupation of Law (Legal Standing) of the applicant

[3.5] A draw that under Article 51 of the paragraph (1) MK Act is and

The explanation, which may apply for testing of the Act

against the Constitution of 1945 is those who consider the rights and/or authority

the constitutionality given by the 1945 Constitution is harmed by the effect of

Act, that is:

a. Individual citizens of Indonesia (including groups of people

have common interests);

b. the unity of the indigenous law society as long as it is alive and in accordance with

the development of the society and the principle of the Republic of the Republic of Indonesia

which is set in Undang-Undang;

c. the public or private legal entity;

d. state agencies;

Thus, the applicant in testing the Act against

The 1945 Constitution must explain and prove first:

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a. The position of the applicant is referred to in Article 51 of the paragraph

(1) of the MK Act;

b. the constitutional rights and/or constitutional authority granted by UUD

1945 resulting from the enactment of the required Act

testing;

[3.6] In a draw that the Court has since the Court's termination

Constitution Number 006 /PUU-III/2005 dated 31 May 2005 and Putermination

Constitutional Court Number 11 /PUU-V/2007 dated September 20, 2007,

and subsequent rulings established that loss of rights and/or

authority constitutional as referred to in Article 51 of paragraph (1) Act

MK must meets five terms, that is:

a. the rights and/or constitutional authority of the applicant given by

Constitution of 1945;

b. the rights and/or constitutional authority by the applicant is considered

aggrieved by the enactment of the testing Act;

c. the constitutional loss must be specific (special) and actual or

At least a potential that according to reasonable reasoning can be confirmed

will occur;

d. A causal relationship (causal verband) between the intended loss

and the expiring of the testing Act;

e. It is possible that with the request of a request then

constitutional losses such as those that are postulate shall not or no longer occur;

[3.7] Draw that based on the description as

paragraph [3.5] and paragraph [3.6] above, further the Court will consider the legal position (legal standing) the applicant in

a request that postulate the following: