Key Benefits:
its authority is not specified explicitly in the 1945 Constitution,
such as the Central Bank;
(iii) the state institutions whose existence is not called explicitly
in the 1945 Constitution, But its existence has what the experts are
experts as the "constitutional importance" as for example the Commission
National Human Rights and the Attorney General that
its existence can be interpreted from the implicit provisions of the Constitution
1945.
3. That further, that the Applicant and the Applicant is included
Another State Institution whose authority is granted by the Act
Base as paragraph 2 Verse (1) the letter g PMK Number
08 /PMK/2006 above, so if the authoring authority
by the applicant is taken, minus, debarred, ignored, and/or
harmed by any other state institution, is the authority
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Constitutional Court to examine and prosecute as set
in Article 24C paragraph (1) UUD 1945? For that it needs to be noticed
consideration of the Constitutional Court in case Number 004 /SKLN-
IV/2006 as a reference in conducting assessment of the institution
state as it referred to Article 24C Verse (1) UUD 1945, i.e. "then
first of which must be noticed is the authority-
certain authority in the Basic and new Act later
to the institution of what authority it is granted".
4. The authority of the Constitutional Court in accordance with Article 24C Clause
(1) of the 1945 Constitution is not against a state institution called the
written in the Act of Law. The basis, but rather against the authority
is disputed. The Constitutional Court has established that
"In determining the contents and limits of authority that are objectum litis
a dispute over the authority of state institutions, the Court is not only
solely interprets textual sounding of the invite-
The base which gives the authority to the state agency
specific, but also sees the possibility of an authority
implicit that exists in a the principal authority as well as the authority
required (necessary and proper) to perform the authority
that particular subject. Such powers could be
contained in a law. "
5. That Article 18 of the 1945 Constitution, governs the following:
(1) The Union of the Republic of Indonesia is divided over areas
provinces and regions of the province are divided over counties and cities, which
each province, district, and the city has a government
area governed by legislation.
(2) Provincial provincial, county and municipal governments set
and took care of its own affairs of government affairs according to
asas autonomy and enlarging duties.
(3) The government province, county county, and city set
and take care of the administration's own affairs according to the autonomous principle and
the task of the host ".
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(4) Governor, Regent, and Mayor each as head
provincial government, district, and city are selected
democratic.
(5) Local government runs its autonomy-wide autonomy, unless
Government affairs by legislation are determined to be
Central Government affairs.
(6) Local Government is entitled to establish regional regulations and
rules other regulations to carry out autonomy and tasks
the host.
(7) Susunan and the layout of local governance is set
in the legislation.
6. From the provisions of Article 18 of the Constitution of 1945 above are set up some
office organs that can be referred to as regional organs or agencies
regions that are state institutions that are in the area.
The region ' s Institutions it is:
1) Provincial Regional Government;
2) The Governor as Head of Provincial Regional Government;
3) Provincial Regional People's Representative Council;
4) District Local Government;
5) The Regent as Regional Chief District;
6) District Regional People's Representative Council;
7) Local Government City;
8) Mayor as Regional Chief of the City;
9) The City Regional Representative Council.
7. That in accordance with these provisions above, it is clear the Council
The People's Representative of the Southeast Aceh Regency (applicant II) and Governor
Aceh Province (Terbeg II) is the state institution, and therefore
can be positioned as a disputed party.
8. That in accordance with Article 18B Verse (1) of the Constitution of 1945, it is governed as follows:
"The State recognizes and respects the units of the local government
which is special or special that is governed by the invitation-
invite".
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9. That the State has placed Aceh as a unit of government
an area that is special and special, and governed under the Act
No. 11 of 2006 on the Government of Aceh [P-1].
10. That in Article 1 of the number 5 Act No. 11 of 2006 on
Aceh Government, set as follows:
"The county/city government is the hosting of affairs
governance implemented by the government The county/city and
The county/city Regional People's Representative Council corresponds to the function
and the authority of each".
11. That in accordance with Section 65 of the Section (1) Act No. 11 of 2006, set
as follows:
"Governor/Deputy Governor, regent/deputy regent and mayor/mayor/deputy mayor
selected in one pair directly by the people every 5 (five)
years through democratic, free, secret and
elections are fair and fair".
12. That to ensure that the regional head of the Aceh Province's environment
to be selected through a democratic process conducted under the principles
direct, general, free, secret, honest, and fair, then in accordance with Article
1 number 12 Act Number 11 of 2006, the existence of the applicant I and
Beg I are set up as follows:
"The next Electoral Independent Commission (KIP) is KIP Aceh
and KIP county/city which is part of the Election Commission
General (KPU) authorized by this Act to
organizes the President/Vice President, member
The dispute over the constitutional authority of the state agency is:
a. House of Representatives (DPR);
b. Regional Representative Council (DPD);
c. The People ' s Consultative Assembly (MPR);
d. President;
e. Financial Inspector Body (BPK);
f. County Government (Pemda); or
g. The institutions of other states whose authority was granted by the Constitution of 1945.
(2) The disputed authority referred to as paragraph
(1) is the authority granted or determined by the 1945 Constitution.
2. That there are 3 (three) groups of state institutions that can be distinguished
as follows:
(i) state institutions that exist referred to in the 1945 Constitution,
such as the Constitutional Court;
(ii) the institu >
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25. That with the other authority required (necessary and
proper) to run the mandate of the constitution, the Regent/Vice Regent
must be selected democratically, as follows:
The applicant II have a constitutional authority that accepts the results
counting the votes of the applicant I and conveying the results
the calculation and also proposing the prospective spouse
Bupati/Vice Regent selected to Terbeg III Please, please.
Please II have the constitutional authority to convey
the proposal of the spouse of the candidates for the Regents is selected from the applicant II which is
result of the recapitulation of the votes set by the applicant I
to Please, III.
Beg III that has the constitutional authority to
appoint and pass the proposed spouse of the Regent/Vice Regent
elected from the applicant II via Terbeg II, where the proposal
corresponds to The recapitulation of the votes performed by
APPLICANT I.
That based on the above description, then it can be obtained by a conclusion
that the parties included in this case are state agencies
that has the authority of the Basic Law of 1945.
C. FACTS:
1. That on December 11, 2006, the election was held
Regional Head (Pilkada) Bupati/Vice Regent of Southeast Aceh Regency
In 2006.
2. That since March 23, 2007 the KIP Southeast Aceh Regency
(applicant I) has started a plenary meeting of the votes of Pilkada
Regent/Vice Regent of Southeast Aceh Regency 2006 based on
on the Home Office Letter Number 131.11/427/SJ dated February 26, 2007
To the Governor regarding the Election Regent/Vice Regent of Aceh Regency
The Southeast that has been run in accordance with the procedure of the invite-
invitation.
3. That in the process of the plenary meeting there has been a change of demonstration action
in the anarchist act carried out by one of the candidates
candidates, so the result of the demonstration has led to
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delays in the advanced process of the plenary vote of the KIP vote
Southeast Aceh Regency.
4. That delay the completion of the Pilkada phase of Aceh Regency
Southeast there was an excessive intervention from Nanggroe Province's KIP
Aceh Darussalam (Terbeg I) based on a letter addressed
Kapolda Nanggroe Aceh Darussalam Number 597 /KIP/III/2007 dated 25
March 2007 [P-4] which requested to Kapolda NAD to stop
activities counting votes of Pilkada Bupati/Deputy Regent of Aceh Regency
Southeast.
5. That the result of the delay of the final completion of the regent/Deputy
The Regent of Southeast Aceh Regency, Please I have a letter to
The applicant I at its core requested the Pilkada stage immediately
completed, but on the other hand I never revoked
a letter to Kapolda NAD No. 597 /KIP/III/2007.
6. That to address the requested request and the Regency community
Southeast Aceh urgently, then the applicant I extend the letter
to KAPOLRES 108 Aceh Southeast as a holder of the authority
security in order to run The completion of the Pilkada in County
Southeast Aceh, and through the answer to the letter stating the problem
security and not the command of the command at NAD level, and
via the letter Number B/276/IV/2007 addressed to Kapolda NAD
dated 20 April 2007 KAPOLRES 108 Aceh Southeast advises
for the recapitulation process to be held in Banda Aceh.
7. That there is no security guarantee against the applicant I in
running the task, causing the repair and refinement process
the recapitulation is carried out on a continuous way.
8. That on May 14, 2007, the applicant I had carried out the meeting
pleno recapitulation of the results of the vote counting that set
Sdr. H. Armen Desky and Sdr H. M Salim Fakhry as the candidates
Regent/Vice Regent was elected Southeast Aceh Regency in Pilkada Year
2006 with a vote of 31,646 (thirty-one thousand six hundred
forty-six), which Follow up with the issuance of the Letter
Decree Decree I Number 270 /092/V/2007 on the Nomination of the Candidate
Bupati/Vice Regent of Southeast Aceh Selected Pilkada of 2006 [P-5].
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9. That a plenary meeting of the vote counting has been in accordance with the procedure that
is set in legislation, so that it is on the way
meeting of the plenary vote of the Pilkada Bupati/Deputy Regent of the regency
Southeast Aceh, The applicant I never performed a procedure that
contradictory to the constitution.
10. That in accordance with Article 70 of the Law No. 11 of 2006 concerning
The Aceh Government juncto Section 72 Verse (2) Qanun Aceh Number 7 Year
2006, then the result of the recapitulation of the Election vote of the Regent/Vice
The regency of the regency Southeast Aceh and the Decree of the applicant I concerning
Redemption of the Regent Regent/Vice Regent of Southeast Aceh Elected Pilkada
In 2006, the Sdr. H. Armen Desky and Sdr H. M Salim
Fakhry as a candidate for the Regent/Deputy Regent of the regency
Southeast Aceh was then sent to the Southeast Aceh Southeast Aceh
(applicant II) to be proposed to the Minister of the Interior (Please III)
in order to be obtained by the order of the selected pair of candidates.
11. That based on the results of the recapitulation of the votes submitted
by the Applicant Council of the People's Representative Council of Southeast Aceh
(applicant II) then issued a Letter of the People's Representative Council
Southeast Aceh Regency Number 194 /DPRK-AGRI/2007 dated May 16
2007 on the Confirmation Proposal Of Appointment Of A Candidate candidate
Regent/Vice Regent/Vice Regent of Southeast Aceh Regency period 2007-2012
to the Minister of Home Affairs RI (Terbeg III) [P-6] c.q. Governor of NAD
(Terbeg II), which proposes attestation Spouse appointment
candidate selected Regent/Deputy Regent of Southeast Aceh Regency with
spouse of candidate number selection:
1. H. ARMEN DESKY Bupati Southeastern Aceh Regency Period
Year 2007-2012
2. H.M. SALIM FAKHRY Vice Regent of Southeast Aceh Regency
Period of 2007-2012
12. That against the decision letter I number 270 /092/V/2007
dated 14 May 2007, the candidate No. 4 in the Pilkada Bupati and
The Vice Regent of Southeast Aceh in 2006 was Ir. H. Hasanuddin B, MM.
and Drs. Syamsul Bahri has filed an objection to the applicant I,
which was filed on 16 May 2007 to the Banda High Court
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Aceh, through the Kutacane State Court with the Perkara register Number
11 /PILKADA/2007PT. BNA [P-7] with amar ruling as follows:
a. In exception: ce election
Regent and Mayor/Vice The mayor is assigned by KIP County/City
through a plenary meeting.
(2) The County/City KIP surrender the Recapitulation results of the counting
votes to the DPRK via a News Event Receive.
(3) The DPRK delivered the results of the selection and its completeness
its administration, while proposing the passage of the appointment
the spouse of the candidate was elected to the Minister of the Interior through the Governor.