Key Benefits:
P U T U S A N
Perkara Number 003 /PUU-II/2004
FOR JUSTICE BASED ON THE ALMIGHTY GOD
Constitution of the Republic of Indonesia
Yang inspees, prosecute, and severing constitutional cases in the first and last levels has dropped a ruling in the case
Indonesian Republic of Indonesia Law Testing plea No. 31 Year
2002 about the Political Party against the Basic Law of the State Republic
Indonesia Tahun 1945, submitted by:
1. Name: S.M. HASUGIAN, S.H.
Work: General Chairman of the Reform Party Central Leadership Board
Indonesia (PRI);
Address: Jalan Raya Puri Kembangan Number 77 Kedoya 11520
West Jakarta;
Phone: (021) 5818826/ 08174800285, 08153040642
2. Name: Drs. H.A. RUSLI
Work: Secretary General of the Indonesian Reform Party;
Address: Jati Jalan Uwung Cibodas Rt. 02 Rw. 03 Tangerang;
As the General Chairman and General Secretary acting for and on behalf of
The Indonesian Reform Party, subsequently referred to as a ... PEMOHON;
Has read the applicant's request;
Has heard the applicant's caption;
Has checked the applicant's evidence;
Has heard the witness's description;
SAT MATTERS
Draw that The applicant has submitted a request with
his request letter is dated 07 Pebruari 2004 received in
Paniteraan of the Constitutional Court of the Republic of Indonesia, on Friday,
date 13 Pebruari 2004 and was reorganized with Number 003 /PUU-II/2004,
as well as the repair of the applicant ' s request dated 9 March 2004 accepted
in the Constitutional Court of the Constitutional Court on Tuesday 23 March
2004 essentially the applicant applied for a Test of Invite-
invite the State of the Republic of Indonesia No. 31 Year 2002 with dalil-dalil
as follows:
1. That as it is operational from the legal entity there are two namely
the exercise of the right and execution of the obligations, against the execution
the applicant ' s obligation to be a general election participant has
apply to the The Department of Justice and Human Rights RI
on August 15, 2003 and on September 29, 2003, and on
on September 16, 2004 a request was submitted to the KPU,
but that request was not accepted;
2. That against the plea of the Department of Justice and Human Rights
RI did not recommend to the Electoral Commission to be
one of the political parties of the 2004 general election party with the rationale
Reform Party Indonesia has not been verified to the lower ranks
for all Indonesia because of the time-time border;
3. That due to the actions of the Department of Justice and the Election Commission
The General, it is constitutionally detrimentally to the applicant, as it is not
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was named as the political party of the 2004 general election,
so that it could not be a role as well as repair from within, and the loss
moril due to the party's laws contrary to the Invite-
Invite to the State of the Republic of Indonesia in 1945 amendment 1,
2, 3 and 4;
4. That there is no uniformity of the Constitution of the State
Republic of Indonesia in 1945, published by the Constitutional Court
Republic of Indonesia with existing market as well as amendment
has not been entered in State News of the Republic of Indonesia;
5. That Act No. 2 of 1999 has not all political parties
enjoy and still have a promise from the government to enjoy the invite-
invite that in the 2004 general election, at least 12 parties
politics Qualify for 1999, while the 12 political parties
did not participate in the non-enactment of Law No. 2
In 1999;
6. That the Constitution Commission is still ongoing in the DPR-RI
which allows to fine-tune the results of the amendment 1 to 4
The Constitution of the Republic of Indonesia Year 1945, which
still differs from that. so that the Constitution of the Nation
The Republic of Indonesia in 2004 has not been a single entity and yet
has been socialized for all Indonesian people to be known for rights and
obligations of Indonesian citizens over changes The bill was;
7. That the political party was born in 2002 about
The Political Party is in the interests of individuals, groups, or
freedom of union (private) and does not take a contideration of
The opening of the Basic Law Country of the Republic of Indonesia Year
1945, where party and party leaders develop a burden on its shoulders
for the purely socialization and consekwen of the Basic Law
The State of the Republic of Indonesia Year 1945 to the rest of the nation Indonesia.
Thus how to expand the Basic Act material
The Republic of Indonesia Year 1945 is due to not
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amended phase 5 as well as the birth of Law Number 31 of the Year
2002 about the Political Party is premature and all laws
which are given out of the Constitution of the Republic of Indonesia
The uncompleted 1945 amendment was premature
that ultimately led to the uncertainty of the law. The applicant
argues that the birth of the law became a tool of unity and
the unity of the nation and not vice versa being a tool of the split and
the nation's malleable, then the lahierarchy of the party's laws must be
in line. with the release of Indonesian Independence on 17
August of 1945 as well as the 4th paragraph (four) Opening
The Basic Law of the Republic of Indonesia in 1945,
" to form a government which protect the entire people and
the whole of Indonesian blood ...... " And so on, then the party that
fills the legislative and political office responsible for the progress
of the Indonesian nation;
8. That, according to Law No. 31 of the Year 2002 about the Party
Politics, Law No. 2 of 1999 has been cancelled, if already
cancelled under any pretext cannot be used anymore, reality
that got the vote 2% or more in the 1999 general election
by using Law No. 2 of 1999 automatic
to be a general election participant in 2004. Thus Invite-
invite Number 2 of 1999 on the Political Party is still alive and
in effect, there is legal dualism in the legal state, it should be wrong
one must be undone in this case which should be cancelled is
Law Number 31 of the Year 2002 about the Political Party;
9. That Act No. 31 of 2002 about the Political Party
the socialization is 9 months (article 29 paragraph 1) since the promulcings of the invite-
invite that was on February 1, 2003. In fact
the legislation in its implementation was not protected but
intervened where August 22, 2003 was completed registration and 27
September 2003 completed verification, with its intervention going
implementation of Act No. 31 of 2002 is certainly contradictory
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with law and party members as well as party leadership not getting
independence and not getting legal protection;
10. The No. 31 Act of 2002 on the Political Party was
contrary to the Constitution of the Republic of Indonesia
in 1945 that gave freedom and independence;
11. That according to Act No. 31 of the Year 2002 about the Party
Politics, the party is required to address the party administrators
the district is under the Constitution of the Republic of the Republic
Indonesia Year 1945, the party have freedom and independence
to set up its own household, the government asks the administrator
the district level party which means there is a member of the DPRD level
the district, certainly contrary to the Basic Law Country
Republic of Indonesia Year 1945;
12. That according to the Constitution of the State of the Republic of Indonesia Year
1945 the entire Indonesian society must be protected and determined status
its laws, but in the Law No. 31 of 2002 concerning the Party
The Politics of which it has been verifying 84 (eighty) political parties, where
of 84 (eighty) the party's 24 political parties qualify for verification and
being a general election participant in 2004, while 60 (sixty)
the political party is not Verifying. Where is the legal status of the 60 (six
20) of the political party under Law No. 31 of 2002
about the Political Party, is it 60 (sixty) the party being
a floating period or how?, when a period of time period. floating the same
with Golput, meaning the golput is an undang-undrased protected;
13. That supposed legislation governing the leadership of a political party that
did not qualify for the 2004 general election, was obliged to
socialize its members to the political party that escaped following
the general election of the year 2004, which one vision and one mission, if that thing
contained in Law No. 31 of 2002 then
The assignment of the Act was completed, it turned out to be uncontained
then Act No. 31 of 2002 should be cancelled;
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14. That in the Law Number 31 Year 2002 about the Party
Politics does not regulate the party ' s source and financial expenditure
in the verification phase and campaign stage, thus invite-
invite it not perfect, should set about
the party financial spending in verificas being a liability
the government is spending its campaign finance and another
is the responsibility of the party;
15. That the applicant has attempted to be able to participate in the general election participants
in 2004, by seeking a plea to the Department
Judiciary and Human Rights RI, KPU, DPR RI and MPR-RI, but the reality is not
got the settlement so that must be completed through
The Constitutional Court of the Republic of Indonesia, then:
Since this issue has been up to the judicial desk, before any
decision on the object, the government should delay
the implementation of the follow-up dispute by determining the time
settlement and if not In the case of the Constitutional Court
The Constitution of the Republic of Indonesia ceased the follow through to
together and compacing together in one purpose.
The object object is still disputed and reasonably separated from the applicant
and that So it's fair to justice, and there are sanctions.
The laws of implementation are in the way. dispute of the Constitutional Court
Republic of Indonesia ic at the matter.
16. That in Section 22E of the Constitution of the Republic of the Republic
Indonesia in 1945 mentions any further provisions regarding
the general election is governed by the Act, in fact the implementation
is with the Presidential Decree No. 70 2001 June 5, 2001, with
so that in June 2001 had not yet set about the Board
Regional Representative (DPD) and the presidential election directly because of it
KPU is not syah and has no legal basis for implement
the DPD election and the direct presidential election, due to Kepres and the Act
6
not one level so that the No. 70 Kepres of 2001 should
be ruled out of the general election;
17. That the scope of the general election performance is; (1) the (1) body
law and its person, (2) the organizational structure, (3) the equipment, (4) the target,
(5) the results. The number 1 to 3 is not an invitation,
at number 4 being the issue and number 5 is the Act
No. 12 of 2003 about the elections that equates and makes
the contradiction of the Regional Consideration Council (Council) = Organization) of its candidate
individual, where the board of the person is;
18. That the Basic Law of the Republic of Indonesia in 1945
that existed in the Constitutional Court of Indonesia, in contrast to the Act
Basic State of the Republic of Indonesia in 1945 at the Senen market,
There is no such difference between the two countries. other:
In the Constitutional Court of RI, Article 1 consists of 3 verses, is in the market
Senen 2 paragraph;
In the Constitutional Court of RI, Article 2 consists of 3 verses, is in the market
Senen no verse;
At the Constitutional Court RI, Article 21 no verse, is on the market
Senen is made up of 2 verses;
On the Court Constitution of Indonesia, Article 25 exists, is in the Senen market
no;
So the uniformity of the Constitution of the Republic of the Republic
Indonesia Year 1945 needs to be questioned, and it will be possible
resolved amended to 5;
19. That binding legislation to the entire Indonesian nation
after it was announced in state news, it turns out that the amendments to
1,2,3 and 4 UUD 1945 have not been included in state news, and
The MPR decision was not implemented. by the president but the decision
sways from the back door of MPR RI so it raises
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the difference in the Constitutional Court and in the Senen market this is due to
not to be the administration and absence of legal certainty;
20. That the history of the Law No. 31 of 2002 on
The Political Party is not yet clear/premature, in a hurry without
matured consideration by repeating Law No. 2
The 1999 year on the Political Party, after being cancelled 6 (six) parties
politics that got a vote of 2% or more under the Invite-
Invite Number 2 of 1999 automatically contested the general election of the year
2004, meaning Law No. 2 of 1999 is still alive, and
also consideres that do not take from the Opening of the 1945 Constitution,
as well as the materials no Housing the reality and the will that
thrive in society, the socialization that does not exist or not
as it is, the government intervention that should be protected
or so on, by the cause of the Act. cannot
be maintained again, then it must be cancelled;
21. That based on the description of the applicant argued
should the Constitutional Court of the Republic of Indonesia see
the issue is globally and specifically that it has been inked
The Republican Basic Law Indonesia Year 1945 which
left by the Ministry of Justice and Human Rights RI, KPU, DPR-RI,
MPR-RI on the basis of will as well as for the sake of the like-
will the Constitution of the Republic of Indonesia in 1945
only mere slogans and on paper as well as under the interests
certain by ignoring The fate of the people of Indonesia;
Based on these matters, please please
The Constitutional Court of the Republic of Indonesia to please accept,
inspect, and prosecute and discontinue as follows:
1. Accepts the request for the applicant to receive the whole;
2. revoke the 2002 31 Year Act on the Party
Politics and enacted Law No. 2 of 1999
about the Political Party;
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3. ordered to stop the follow-up from Invite-
invite Number 31 of 2002 about the Political Party and any access
follow up from it;
4. order to be socialized for the Country Basic Law
Republic of Indonesia Year 1945 amendments to all
subject of law/person known to the Country Basic Law
Republic of Indonesia of 1945 has been change and are known for the right
and obligations thereof;
5. Declaring the Number 70 in 2001 on June 5, 2001, not
at the level with the undraver;
6. ordered that the Election execution be set up with Invite-
invite;
7. waive or cancel the Kepres Number 70 of 2001
date 5 June 2001 from the general election in 2004;
8. delivered this decision to the entire party/related agencies;
9. put this decision into the State News;
10. set the Indonesian Reform Party (PRI) was the election participant
general in 2004 (after the 1999 general election);
11. provide legal sanction to any party that violates the rights
legal entity or legal subject rights.
That in order to corroborate such requests, the applicant
has submitted the evidence as follows:
1. Announcement of the Minister of Justice and Human Rights RI Number M. UM.06.08-120
date 19 Pebruari 2002, about the Registration of Political Party Unrest.
(P-1);
2. Letter to the Minister of Justice and Human Rights RI Number 300 /20598/) RG/DPP
PRI/I/2003 dated August 15, 2003, about the fulfillment of section 2.3, and 29
Act No. 31 of 2002 and PRI registration to P4 in 2004, (P-
2);
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3. The temporary receipt of the Political Party Reregistration Request
issued by the Minister of Justice and Human Rights is dated August 25
2003, (P-2.a);
4. The Reform Party of Indonesia, dated 7 March 2003, (P-2 .b);
5. Domicile Certificate Number 32 /1-775.2/03 dated August 22, 2003,
and Copy Photo Card Population. SM.Hasugian, SH. Which
is published by Camat Kebon Jeruk Jakarta West, (P-2.c);
6. The Indonesian Reform Party Basic Budget is dated 20 May 1998, (P-
2.d);
7. List of Core Board of Councillors Leadership of the Centre of Reform Party Centre
Indonesia (DPP-PRI) 2002-2007. dated 28 April 2002,
(P-2.e);
8. Letter of the Decree of the Congress of Indonesia Congress
Number Ist.11/20598/ORG/2002 dated 01 August 2002 , P-2.f);
9. News Event Verification of the Political Party Central Level Team Department
Justice and human rights RI is dated 8 September 2003, (P-3);
10. Letter to the Minister of Justice and Human Rights RI Number
333 /20598/ORG/DPP-PRI/2003 dated September 29, 2003 on
a request was given a member/Replacement of PRI delivered
data along with the closing of the Parpol Registration Election participant
in 2004 at KPU, (P-4);
11. The following year's election participants were to be
participants in the 2004 election dated 16 September 2003, (P-5);
12. Notice issued by the Department of Justice and Human Rights RI
dated 04 August 2003 on reregistration and establishment
Political Parties under Law No. 31 of 2003 on
Political Parties to verification of the third stage (ending) nor equipping
the registration file was closed on August 22, 2003, (P-6);
13. Live Biography on behalf of Soei Makmur Hasugian, S.H., (P-7);
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14. Basic Budget Change of Political Social Organization No. 67 on behalf of
Indonesia Reform Party, (P-8);
15. Task Letter 052098 /11/DPP-PRI/ORG/2002 dated March 20
2002, (P-9);
16. Congress of the Indonesian Reform Party's implementation of the Congress of Indonesia's Reform Party Number
POL.SI/DIT-B/284/IV/2002 BAINTELKAM dated 19 April 2002, (P-9.a)
17. Receipt of the Face Money, from Wisma P. H. I Cempaka White dated 08
April 2002, (P-9.b);
18. Formatur Konggres I Party of Indonesia Reform Party, (P-10);
19. Receipt of mail submission from DPP PRI Number:
24 /20598/ORG/DPP-PRI/I/2003, (P-11);
20. Letter to the Director of BCA Bank in Jakarta Number 24 /20598/ORG/DPP-
PRI/I/2003, (P-11.a);
21. Letter to the Director of the BRI Bank in Jakarta Number 26 /20598/ORG/DPP-
PRI/I/2003, (P-12);
22. UUD In 1945 In One Script, (P-13);
23. First Change of the Constitution of 1945, (P-13.a)
24. The third change of the UUD of 1945; ( P-13.b);
25. Changes to the Constitution of 1945 published by Your Works Surabaya;
(P-14);
26. Act No, 31 Year 2002 about Political Party and Law Number
12 years 2003 on Election of General Election, (P-15);
27. Kepres Number 70 of 2001 on the Election Commission, (P-16).
28. RI's Law No. 2 of 1999 on the Political Party; (P-17).
That in the presence of a witness trial named Drs. H. Mujadit
Dulwathan, S.H., M.H., MCL. Has provided the following
only as follows:
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1. That the treatment of the Department of Justice and Human Rights against the Party
The Indonesian Reformation associated with Article 29, is as follows,:
1) On October 4, 2003 the witness was in the announcement room
The Department Office The Judiciary will be announced for verification results
by the Minister of Justice.
2) related to the whereabouts of the witness there, as the witness as President
The Amanat Party of the Indonesian Reform Fighters wants to know why
announcement it is beyond the provisions of Act No. 31 Year
2002;
3) witnesses know The wisdom of the Minister of Justice has exceeded
the rights granted by the constitution or the Law No. 31
2002, for reducing the socialization deadlines and
verification that should be 9 (nine) months only performed 6 (six)
months;
4) 50 (fifty) unregistered political parties prior to Invite-
invite this and the party born under Law No. 2
1999 has made the victim of wisdom Minister
Judiciary, where the enaccation of this Act is already
work beyond the applicable law;
5) in other sections of the law is flawed, given the basis
the law of the birth of the Act is the same as
Law Number 24 of 2003 about the Constitutional Court
where in the context of the considerance of the statute it does not wear
state news, for the passage of an undrau;
2. That witnesses questioned why discretion is beyond the rules that
there, the Minister of Justice said tomorrow Monday is still there
a chance to complicate it, it turns out that Monday was the entire Party
Politics who felt Being harmed has gone to the Justice Department
and it just happens to witness one of the Party leadership has been appointed to
be the power of the seven Islamic parties plus the non-Islamic party, for
suing the rights of the embezzled at a verification check
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for example, the party's management data, the receipt of the receipt
and the examination results signed by the Minister of Justice
and the Human Rights RI represented by the field and the party represented
by the subsidiary or region, where the verification of the field
before the data is submitted to the Minister of Justice and Human Rights RI is already stripped
its data, thus becoming embezzlement of data parties and Ministers
Judiciary (Yusril Ihza Mahendra) with Dirjen, the Director as
the suspect has been reported to the Police officer, for embezzling data
the party;
3. That the political party objected to the steps of the Minister of Justice and
human rights RI in the run of Law No. 31 of 2002 because
many deviations, especially in the conduct of Verification, cause at
in the legislation not set about it, so is associated with
Article 29, the Minister of Justice and Human Rights RI misinterpreted where
registration by clarification, it is very detrial to the whole party and
many political parties are want the legislation to be revoked;
4. That on October 10, 2003 the witness facing the Election Commission
General together the party gave power to the witness, where
the witness was accepted by the Members of the Election Commission (KPU) Bp Mulyana
by providing an explanation " that of the General Election Commission (KPU)
it will still include this Political Party as an origin election participant there
affirmation of the Minister Kahakiman or the Supreme Court fatwa, for that
please submit a fatwa to the Supreme Court for the basis of the designation
Commission The General Election (KPU), but the fatwa's request until
now there is no response;
That to shorten the description in this ruling, everything
listed in the news of the event of the trial, is considered to be a one
unity inseparable with this ruling;
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LEGAL CONSIDERATIONS
Draw that the intent and purpose of the applicant's request a quo
is as above;
Draw that before entering the substance or the subject
the case, The Constitutional Court (later called the Court) in advance
used to consider the following:
1. Whether the Court is able to check, prosecute and disconnect
plea a quo;;
2. Whether the applicant has a constitutional right to be harmed by
the enactment of Law No. 31 of 2002 on the Political Party,
so according to Article 51 of the paragraph (1) Act No. 24 of 2003
on the Court Constitution, the applicant has a legal position (legal
standing) in order to apply for testing (judicial review)
Act No. 31 of 2002 against the Basic Law
Republic of Indonesia 1945;
Against both matters in question, the Court argued as
below:
1. CONSTITUTION OF THE CONSTITUTIONAL COURT
Draw that, Article 24C paragraph (1) of the Basic Law
Republic of Indonesia 1945 Article 10 paragraph (1) Act No. 24
In 2003 on Constitutional Court, stated that The Constitutional Court
The constitution among other authorities is prosecuting at the first and last level
that the verdict is final to test the legislation against
the Constitution of the Republic of Indonesia Year of 1945;
Weigh that based on the provisions-the firmness above,
and according to Article 50 of the Law No. 24 of 2003 which
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mentions the Act that can be moved to be tested is
legislation promulred after the change of the Basic Law
The Republic of Indonesia of Indonesia Year 1945, so that by hence the Court
authorized to test the Law No. 31 of 2002 on
Political Parties against the Constitution of the Republic of Indonesia
In 1945;
Draw that the applicant in his request filed
for the Court to decide for:
1. Ordering the dissocialization of the State Basic Law
Republic of Indonesia Year 1945 amendments to the entire subject
law /person known to the Constitution of the Republic of the Republic
Indonesia Year 1945 has been change and will be known also will the right
and its obligations;
2. Declared Principal Number 70 of 2001 on June 5, 2001 was not
at the level with an undraver;
3. Ordering the execution of the general election to be set up with
undang-undang;
4. Waive or cancel Keppres Number 70 Year 2001
date 5 June 2001 from the 2004 general election;
5. Deliver this decision to the entire party/related agencies;
6. Establishing the Indonesian Reform Party (PRI) was the election participant
general in 2004 (after the 1999 general election);
7. provide legal sanction to any party that violates the right
legal entity or subject of law.
Draw that by due to the substance being moorled
not the authority of the Court, then against the plea
that the Court did not consider further;
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2. (LEGAL STANDING).
Draw that, Section 51 of the paragraph (1) Act Number 24
Year 2003 states, " The applicant is the party that considers the right
and/or its constitutional authority is harmed by the entry of the law-
invite, i.e.:
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 Unity State
The Republic of Indonesia that is governed in the promulcity;
c. the public or private legal entity; or
d. state agencies;
Draw that in its request the applicant postulate the right
the constitutionality has been harmed because:
1. The considerant of the birth of Law No. 31 of 2002 on Party
Politics is the interests of individuals, groups or freedoms
unions (private) and did not take the cosideran of the Opening
The State Basic Law of the Republic of Indonesia Year 1945;
2. According to Law No. 31 of the Year 2002 about the Political Party,
Law No. 2 of 1999 has been declared null and void, but
in fact the political party gained 2% of the vote or more on
general election of 1999 automatically become the election participants
general in 2004, which according to the applicant raises dualism
the law in particular the electoral law, should
because the Law No. 2 Year 1999 has been cancelled then all
something that is set up also cannot be valid;
3. Article 29 paragraph (1) Act No. 31 of 2002 on Party
Politics, declares " Political Party which under Law Number 2
In 1999 about Political Parties has been passed as a legal entity
16
by the Minister of Justice of the Republic of Indonesia is recognized as its existence and
is obliged to conform to the provisions of this Act as always-
slow 9 (nine) months since the enactment of this law ". But
as it turns out by the Minister of Time 9 (embryos) the month is not
executed in full but applied only 6 (six) months,
it is considered detrimentally to the applicant and resulting in the Reform Party
Indonesia did not qualify for verification and did not participate in the participating party
general election of 2004;
4. As a result of the Minister of Justice's actions that do not exercise socialization
as determined, it is very detriant
the political party that will be the election participant in 2004
in particular the party The applicant, which may be known from 84 political parties
has registered in the Department of Justice and Human Rights RI, only 24
political parties that qualify for verification and who are entitled to the election
general in 2004, 60 The political party was declared unqualified for verification.
5. As a result of the deviation by Meteri Justice and Human Rights RI
, the applicant considers highly disadvantaged of its constitutional rights,
so it is already an Act of Law No. 31 of 2002 on
The Political Party must be declared not applicable and reenacted
Law No. 2 of 1999 on Political Parties;
Draw that the Court has checked and
consider the evidence tools submitted by the applicant
marked P-1 up to P-17;
weighed that in addition to the evidence tool That, the court has
considered the witness ' s description under oath, which
specifies in the same point as the applicant
in his request;
Draw that the Petitioner's dalil stated that the right
his constitutionality has been harmed, that of not taking part as a political party
17
as well as the 2004 general election, so as not being able to play
fixing from the inside, which is caused by the Department of Justice and
HAM RI, in doing verification should be 9 (nine) months but
only done 6 (six) months, not in accordance with Section 29 of the paragraph (1)
Act No. 31 of 2002, as well as other adverse things
the applicant party, so that it does not qualify for verification as well as not participating
the election general 2004;
It weighed that after the Court studied, researched
requests and proofs and statements of the applicant and the witness in
trial examination, the Court argued, that while it is correct
The applicant has an interest but the damages are not
constitute a loss due to the Act No. 31 of the Year
2002, but rather the resulting decisions taken by the Department of Justice
and the human rights RI, so that it does not meet the understanding of the loss as
referred to by Article 51 of the paragraph (1) Law No. 24 of 2003. By
for which, the Court argued the applicant did not have a legal standing
to act as the applicant before the Court;
Draw that with such considerations in
above, the application The applicant must be declared inadmissible, (niet
ontvankelijk verklaard);
Given, Article 56 of the paragraph (1) Act No. 24 of the Year
2003 on Constitutional Court;
M E N G A D I L I
Declaring the applicant is not acceptable, (niet
ontvankelijk verklaard);
Thus it was decided in Meeting Pleno Perdeliberatan 9
(nine) Justice of the Constitutional Court of the Republic of Indonesia on Thursday
dated 15 July 2004 and spoken in the Plenary Session of the Constitutional Court Republic of Indonesia that is open to the public on the day this Friday date 20
18
August 2004 by us Prof. Dr. Jimly Asshiddiqie, S.H., as the Chairman of the members, was accompanied by Prof. Dr. H.M. Laica Marzuki, S.H.,
Prof. H.A.S. Natabaya, S.H., LL.M., Prof. H. A. Mukthie Fadjar, S.H., M.S.,
Dr. Harjono, S.H., MCL., I Dewa Gede Palguna, S.H., M.H., H. Achmad
Roestandi, S.H., Maruarar Siahaan, S.H., and Soedarsono, S.H., respectively-
respectively as members and assisted by Wiryanto, S.H., M. Hum as
Panitera Replace, with attended by the applicant;
CHAIRMAN,
Prof. Dr. Jimly Asshiddiqie, S.H.
MEMBERS
Prof. Dr. H.M. Laica Marzuki, S.H.
Prof. H.A.S. Natabaya, S.H., LL.M.
Dr. Harjono, S.H., MCL.
Prof. H. A. Mukhtie Fadjar, S.H., M.S.
H. Achmad Roestandi, S.H.
I Dewa Gede Palguna, S.H., M.H.
Maruarar Siahaan, S.H.
Soedarsono, S.H.
PANITERA REPLACEMENT,
Wiryanto, S.H., M. Hum.
19
20
CHAIRMAN,
Ttd.
Prof. Dr. Jimly Asshiddiqie, S.H.
MEMBERS
Ttd.
Prof. Dr. H.M. Laica Marzuki, S.H.
Ttd.
Prof. H.A.S. Natabaya, S.H., LL.M.
Ttd.
Dr. Harjono, S.H., MCL.
Ttd.
Prof. H. A. Mukhtie Fadjar, S.H., M.S.
Ttd.
H. Achmad Roestandi, S.H.
Ttd.
I Dewa Gede Palguna, S.H., M.H.
Ttd.
Maruarar Siahaan, S.H.
Ttd.
Soedarsono, S.H.
21
PANITERA REPLACEMENT,
Ttd.
Wiryanto, S.H., M. Hum.
22