SALAS testing of the constitutionality of its constitutionality may be done to the Act on the designation of Perpu into the Act";

9. That is, in order to apply for testing Act No. 1 of 2015, the applicant makes the test stone the following application:

1. Article 1 paragraph (3) UUD 1945: "The State of Indonesia is the State of the Law".

2. Article 18 paragraph (4) of the 1945 Constitution "Governor, Regent, and Mayor respectively as Head

The Provincial Government, County, and the City were selected

democratic".

3. Article 22 paragraph (1) Constitution of 1945: "In terms of the force of force, the President has the right to define

government regulations in lieu of legislation".

4. Section 28D paragraph (1) "Everyone is entitled to the recognition, guarantee, protection, and

fair legal certainty as well as the same treatment before the law".

10. Based on those things above, then the Constitutional Court is authorized

to examine and cut the application of this Act test.

B. LEGAL STANDING (LEGAL STANDING)

That according to the provisions of Article 51 paragraph (1) Act No. 24 of 2003

about the Constitutional Court (MK Act), that someone or a party may

be accepted as the applicant in the request testing of the Act

against the 1945 Constitution, then the person or the party is intended to be;

a. Describing the embassy in his application, which is whether or not to be an Indonesian citizen, a unity of indigenous legal society, body

law, or state institution;

b. The rights and/or its constitutional authority, in the position

as in the case of a, as a result of the invitation-

invite the test.

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SALY On the basis of such provisions then the applicant needs to first explain

its position, the existing constitutional right to the applicant, as well as the specific loss

which is to be deridered, as follows:

1. That the applicant is an individual of Indonesian citizens.

2. That the petitioners were the Applicant I, the applicant II, and the applicant III in

Testing Perpu Number 1 of the Year 2014 case Number 119 /PUU-XII/2014.

3. That the applicant I was the Dosen of the Law of State at Jambi University

and was once a Lecturer in the Faculty of Law of the University of Indonesia.

4. That the applicant II is an independent researcher with the field of Election

and is evidenced by the results of the research made up with the Title

"Vaping Veil Dispute Pemilukada" published Publisher Leutika Prio

Jogjakarta.

5. That the applicant II also applied for testing of Section 116

paragraph (4) of the Law No. 32 of 2004 on the Local Government

which regulated the Criminal sanctions in the Regional Head Elections and the Vice

Regional Head. Amar Ruling Number 17 /PUU-X/2012 against the lawsuit

The applicant has granted the applicant request for the whole.

6. That the applicant III is an independent and activist researcher who eluted

the field of Elections and is evidenced by the results of the research that was written with

The Title "Dark Side of the 2009 Election", published Publisher of the House of Democracy,

"Jakarta Tahun 2010".

7. That the applicant may also apply for testing of Article

112 paragraph (2) of the Law No. 15 Year 2011 on the Organizing

Election governing the Governing Honorary Council

Election (DKPP) which It's final and binding. The Amar Ruling Number

31 /PUU-XI/2013 against the applicant III granted

the requiver request in part so that the DKPP Putermination cannot

be interpreted as Final and Binating.

8. That the applicant III was the former Chairman of Panwaslu Election Governor and

Vice Governor of DKI Jakarta in 2012. Chief Panwaslu was escorting

the election of the governor and the democratic deputy governor who produced

Couple Candidate Joko Widodo-Basuki T. Purnama.

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SALY 9. That the applicant is a citizen of Indonesia who has the right

to vote and be elected according to the Basic Law of 1945.

10. That the Constitutional Cour77, Email: sekretariat@mahkamahkonstitusi.go.id

SALY 5. That Act Number 1 of the Law No. 1 of 2014

was approved by the House of Representatives Act on 20 January 2015

and promulred on 2 February 2015.

6. That Government Rule Substitutes Act No. 1 of 2014

to Act No. 1 of 2015 on Regulation Intermination

Government Replacement Act No. 1 of 2014 on

Governor's election, It's regent, and the mayor becomes an act.

7. That the Constitutional Court in the Decree No. 138 /PUU-VII/2009,

dated February 8, 2010, has stated that authorities test Perpu either

prior to the rejection or approval of the House as well as after

DPR approval because the Perpu was already an Act.

Paragraph [3.13] Ruling Number 138 /PUU-VII/2009 The Court sta definition of "The right to be a

candidate" as a right for public citizens to participate in the

regional bid for the head of the county. If this right is restricted so that only the specific

that has access to the nomination then so

will reduce and shrink the value of the democracy.

15. That the process of discussion of the Act in the House is an activity

financed by the APBN whose source of acceptance comes from a tax that

the applicants are paid as tax (tax payer). Upon payment

the tax, the applicant has the right to demand a guarantee of setting

the leniency of the governor, the regent, and the honest and fair mayor

(free and fair) as well as the democratic. The applicant as a taxpayer can

demand the warranty of an Act not to contain formyl defects and

the material defect. With the provisions of Act No. 1 of 2015 that

cannot ensnare the political crimes of money, abuse of office in

the governor ' s election, and the sale of political party support is the same

let the tax that Paid by the Applicant To Facilitate

The rules and selection of governors, regents, and mayors are dishonest,

not fair as well as undemocratic.

16. That the process of organizing the governor, regent, and mayor

is funded by the APBN or APBD whose source of application is derived from

the tax that the applicant paid as a taxpayer (tax payer). Over

The tax payment, the applicant has the right to demand bail

the leniency of the governor, the regent, and the honest and fair mayor

(free and fair) as well as the democratic. The applicants for the tax paid

have the same opportunities and justice to compete in the

the governor ' s election, the regent, and the mayor. The applicant has a right to

file a complaint against any rule of Act which

leads to the election of the governor, regent, and immediate mayor is not

democratic.

17. That the applicant in the previous plea of case Number

119 /PUU-XII/2014 was already reminiscent of the Act

that the publication of Perpu Number 1 of 2014 resulted in the selection of the head

immediate area which The democratic cannot be held that

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SALAS is ultimately potentially detriing to the applicant as a citizen

Indonesia who has the right to choose and the right to vote. The applicant's intention

is that if this Perpu is accepted by the DPR and the President then the election

the governor, the regent, and the mayor who are going on are the undemocratic elections

Democrats as well as the supplicant's description above. Act Number 1

In 2015 that set the No. 1 Perpu of 2014 to Invite-

Invite later to inherit the undemocratised Perpu arrangement. The rules that

undemocratic led to gubernatorial elections, regent, and

the Unhonest and Fair mayor.

18. That in the revision process by the House and Government, there is no

improvement to the provisions in Act No. 1

The year 2015 that caused the Pilkada to be directly undemocratic. DPR and

The government only focuses on 13 things as follows:

1) Election or Pair Elections;

2) Public trials are abolished;

3) Nomination terms 20% of DPRD Seats and 25% Accumulated

Acquisition Voice;

4) The Candidate Support Terms are enhanced;

5) The age of the Candidate for Governor and Vice Governor of 30 Years and the Age of Regent Candidate

and Deputy Bupat 25 years, the Age of the Candidate for the Mayor and Vice Mayor 25

Year;

6) Education of a minimum of SLTA or an equal;

7) The Candidate Couple ' s condition is never convicted prison;

8) Pilkada performed one round (the most votes as a winner);

9) Completion of Disputes Results by Constitutional Court up to

formation of the Special Judicial Election;

10) Pilkada simultaneously 3 The waves are: 1) December 2015; 2) February 2017;

and June 2018;

11) Organizers of the Pilkada are KPU and KPUD;

12) The funding of the Pilkada is sourced from APBD; and

13) The Regional Head's Emptiness is filled by the Acting Regional Chief Acting

The State Civil Aparregulated Act.

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SALY 19. That against the material defects that caused the Pilkada to be direct not

democratic various parties such as the KPU, Bawaslu, the Civil Society of the NGO, and

The applicant himself also provided input for moderate improvement

carried out the DPR and the Government against the Act No. 1

Year 2015. But it is unfortunate that the proposed fix is not

accommodated in the Change Act.

20. That the petitioners saw the Government and the House have failed in

to do democratic improvements.

21. That it relates to this request, the applicant confirms that

The applicant has the constitutional rights set up in the 1945 Constitution,

that is if it is stated as any private citizen entitled to

get treatment in accordance with the principle of "protection of the authority-

wmemorandum" as a consequence of the fact the Republic of the Republic

Indonesia as a legal state, as set in Article 1 of the paragraph (3)

Constitution of 1945 and the right of the recognition, assurance, protection, and certainty

fair laws as well as the treatment of the same before the law, as

is set in Article 28D paragraph (1) of the 1945 Constitution.

22. That the applicant is an individual citizen of Indonesia

as referred to as Article 51 of the paragraph 51 (1) the letter of the Act of the Law

its constitution has been harmed by Perpu Number 1 of the Year 2014.

23. That the applicant is a citizen of Indonesia who has the right-

the constitutional right to be a constitutional right to obtain

recognition, guarantee, protection, and fair legal certainty,

obtain the same opportunities and benefits to achieve the equation

and justice, protection, submission, enforcement and fulfillment of rights

humans, in an orderly, nation, and country life

in the shadow of the state of law. as referred to as Section 1 paragraph (3), Article

28D paragraph (1), Article 28H of paragraph (2), Article 28I paragraph (4), Article 28J paragraph (1) UUD

1945.

24. That refers to the Court of Justice since the termination of Number 006 /PUU-

III/ 2005 dated 31 May 2005 and Putermination Number 11 /PUU-V/2007 dated 2idate). Those rights reflect the implementation of values

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SALT of democracy in the holding of regional head elections and deputy head

area. The Constitutional Court provides onsider its birth constitutionality

Perpu Number 1 of 2014. While clearly Perpu Number 1 of the Year

2014 formyl defects in his birth; and

2) materially, the DPR and the President are regretable that Muatan

Perpu Number 1 of 2014 disabled material that led to Pilkada

Direct undemocratic. Even the DPR and the President made

The decision approves first the terms of the new material defect

carried out Revision. Strange things happen in our state,

instead of the DPR refusing Perpu and returning to the Government

in order to make the correct Perpu, instead approve the formyl-disabled Perpu

and the material was later revised.

6. That How can the House and the President approve of the known Perpu

with conscious disabilities formyl and disabled material.

7. That does not comply with the terms of the force force, then Law Number 1

The Year 2015 of the Redemption of Perpu. Number 1 Year 2014 became the Act

contrary to Article 22 of the paragraph (1) of the 1945 Constitution which states, "In

The case is still a force of force, the President is entitled to set the rules

the government is instead the successor to the law. legislation".

8. That the Perpu Number 1 of 2014 also contains a material defect in which

according to the applicant's study there are more than 50% of the provisions in the defect Perpu

materially. The material defect causes the Pilkada Jump

to be non-Democratic and has been in conflict with Article 18 of the paragraph (4)

Constitution of 1945. This Maternity defect will be further outlined in the

request.

9. That the Constitution of 1945 has clearly provided guidance in publishing

Perpu that there must be a force of force that forces as

referred to Article 22 of the paragraph (1) of the 1945 Constitution, and then the terms of the gentler

insist on such a force. was outlined in the Constitutional Court Decree Number

138 /PUU-VII/2009. So the DPR and the President are also tied to the 1945 Constitution and

The MK of the MK. Thus the DPR should reject Perpu No. 1

The year 2014 krn did not qualify the formyl and the material, then

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SALCopy ordered the Government to immediately submit a new Perpu in

the time of this trial to be approved (before February 18, 2015).

10. That the DPR and the President in approving the Perpu became a Act had

used its own subjectives arbitrarily only

basing on mere political interests without considering

Perpu constitutionality Number 1 of the Year 2014. That the actions of the DPR and

the President who approved Perpu Number 1 of 2014 became Invite-

Invite has been contrary to the principles of the law states

as conceived in Article 1 of the paragraph (3) of the 1945 Constitution.

11. That whether when a Perpu charge is considered noble but flawed

the constitutional must remain approved by the House and the President? What it means

Constitutions (UUD 1945), Act No. 12 of 2011 on

The Formation of Regulation Law, and the Decree of MK Number

138 /PUU-VII/2009 already gave the Guide in publishing and

approving Perpu became an Act, but was ultimately ignored

consciously by the House and the President? If indeed the constitutional practice

we are like this, it is not impossible for a noble substance then

The president will be arbitrary in publishing the Perpu with

ignoring the provisions of the Constitution of 1945, ignoring Law Number 12

In 2011 about the Establishment of the Laws, and

ignoring the Decree of MK Number 138 /PUU-VII/2009, because in the end

The Perpu received approval from the DPR.

12. This is where the DPR is clensed in giving consent by ignoring

the Perpu's constitutionality. The first and main debate should be

done by the DPR before giving approval to Perpu Number 1

The year 2014 was whether the Perpu qualified "matters of the ihwal

force force" according to Article 22 of the paragraph (1) 1945 or not. This is

which should be the first and primary reference to both the DPR and the Court

The Constitution in assessing the Perpu Redemption Act.

13. That is, in fact, the fact that

formyl that is an absolute condition must be met in assessing whether an

perpu could be accepted into the Act. If Perpu does not meet

those terms, then all its material is swept up, then for the Constitution of Perpu

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The SALT cannot be approved to be an Act by the House of Representatives. Then

Act Number 1 of the Year 2015 on Regulation Penetration

Government Replacement No. 1 Year 2014 on

The Governor's Election, the Regent, and the Mayor into an Act must

be declared Unconstitutional by the Constitutional Court. This was amplified

by the Opinion To corroborate the Expert Expert Andi Irman Sidin who

listed in page 151-168 Constitutional Court Number

118-119-125-126-129-130-135/PUU-XII/2014 as listed in

in evidence (vide P-4)

B. Consideran weighed the Act No. 1 of 2015 copying (copy paste) consideran Perpu Number 1 Year 2014

1. That the considerans Act No. 1 of 2015 did not

illustrate why the DPR and President in approving the Perpu

Number 1 Year 2014 became the Act. Instead the Perpu considerans

Number 1 of 2014 was copied without describing the reason and

consideration of why Perpu Number 1 Year 2014 was accepted to be

The Act. This can be seen in the Consideran Act No. 1 Year

2015 as follows:

a. Act No. 22 of 2014 received a rejection that

wide of the people;

b. Proceedings of Law No. 22 of 2014

has caused problems; and

c. "Number 138 /PUU-VII/2009".

2. That the considerans do not describe the real rejection

and then in real threaten the paralyzing or paralyzing potential of the wheel

the state government that was then paralyzed or threatened

the paralysis was turned out to be cannot be completed or anticipated because

there is a legal vacuum or legal uncertainty for the organ

the administration to prevent or address the government paralysis

the country.

3. That against the consideran weighed the Number 1 Year Act

the same 2015 exactly as the consideran weighed Perpu Number 1

To obtain an official copy, call the Security and General Secretariat of the Constitutional Court of theed

soon.

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SALY 5. That there are two issues of the House Agreement against Perpu Number 1 of the Year

2014 to be Act:

1) formally, the House does not c Email: sekretariat@mahkamahkonstitusi.go.id

SALCopy has the legal force to remain subject to criminal sanction in accordance with the provisions of the laws.

That according to Article 73 of the candidate who is proven to do political money

other than can Punitive sanctions can also be dropped administrative sanctions

in case of cancellation as a candidate. Prior to the cancellation, it should be

preceded by a fixed legal court ruling.

The court could not drop a legal holdout ruling

due to the absence of sanctions material that could be used to

disconnect. So that the cancellation of the administration could not be done.

With no sanctions against any potential spouse and/or campaign team

it is the same as allowing for a political criminal of money in the election

governor, regent, and the mayor. Such conditions have banned one

principles of universal law and justice that stated

that " no one can benefit from deviation and

a violation of its own and "

(nullus/nemo commodum capere potest de injuria sua progentleman). Although politics

money is one of the electoral crimes that can be destructive and

shrinking the democratic joints.

3. No criminal sanction for Political or Joint Political Parties and any person involved in the sale of the political party's support

Article 47

(1) Political or political parties are banned from the political party. receive rewards in any form on the nomination process of the Governor and Vice Governor, Regent and Vice Regent, as well as the Mayor and Deputy Mayor.

(2) In terms of the Political Party or the combined Political Party is shown to receive rewards as referred to in paragraph (1), the Political Party or the confederation of the Political Party is concerned are prohibited from submitting a candidate in the next period in the same area.

(3) The Political Party or the combined Political Party that accepts rewards as referred to in paragraph (2) must be proved with a court ruling that has obtaining a fixed legal force.

(4) Any person or agency is prohibited from giving rewards to the Political Party or the combined Political Party in any form in the process of nominating the Governor and Vice Governor, Regent and Vice Regent, as well as the Mayor and Deputy Mayor.

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SALCopy

(5) In terms of a court ruling that has obtained the power of the law to remain in charge of any person or institution is shown to reward the nomination process of the Governor and the Vice Governor, the Regent and the Vice Regent, As well as the Mayor and the Vice-Mayor, the Vice-Mayor, or the Governor, the Governor, the Deputy Governor, the Regent, the Deputy Regent, the Mayor or the Deputy Mayor is canceled.

(6) Any political party or joint party of the party the political that is shown to accept the reward as referred to in verse (1), imposed a fine of 10 (ten) times the value of the reward received.

That if carefully administered the criminal sanction as

is set in Section 177 until Section 198 of the Law Number 1 Year 2015,

No. found one section that governs the sale of criminal sanctions

political party support.

Article 47 in the process of improvement done by the DPR and Government

only changes the redaction of the candidate to be a prospective partner and not there

an improvement in which it adds to criminal sanctions against Article 47.

Article 47 of the paragraph (5) require a court ruling that

a force of law before canceling an elected candidate that

is shown to be selling the support of political party support. But in fact

no criminal sanction material could be used by the court to

drop a fixed legal court ruling. So

sanction the cancellation of the selected candidate may not be able to done ..

In the absence of criminal sanctions for selling political parties at any time

allowing for the sale of political parties to be sold in gubernatorial elections, bustares,

and mayors. Such conditions have banned one of the principles of law and

a universally embraced justice that states that " no one

may benefit from any deviation and breach

on its own and No one can be harmed by the "deviation and transgresses committed by another person" (nullus/nemo

commodum capere potest de injuria sua progentleman). While selling the Party

Politics is one of the electoral crimes that can be destructive and

shrinking the joints of democracy.

That Article 18 paragraph (4) of the 1945 Constitution mandates the election of the governor, the regent, and the mayor should performed democratically. The existence of the No. 1 Act of 2015 allowed the politics of money and

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SALAS sell the support of a political party without any sanctions that can be as appropriate as described above, then Act Number 1 of 2015 is already in conflict with the demokartic principle as Article 18 of the paragraph (4).

According to IDEA one of the main points and the most important of the democratic elections is the legal framework of holding elections (source: International Standards of the Democratic Owner, http://www.idea.int/publications/pub_electoral_main.html/). Such a legal framework should be able to guarantee a fair, honest, and free election (Free and Fair Election) election. When the Act No. 1 of 2015 as a legal framework for the election cannot guarantee the democratization of elections then the rule is already in conflict with the democratic principle as referred to in Article 18 of the paragraph (4).

4. All Provincial KPU, District/City KPU, PPK could go to jail

Article 110 paragraph (3)

In case there is sufficient preliminary evidence of a breach, deviation, and/or error in the recapitulation of the vote count, Subordinate to the Province, Panwas Regency/City, Panwas Subdistrict, and PPL reported any violations, irregularations, and/or errors to the officers of the Republic of Indonesia State Police.

That revision of Act No. 1 of 2015 is not Corrects the provisions of Article 110 (3).

That Article 110 paragraph (3) uses an election criminal approach to

resolve any violation, deviation, and/or error in

recapitulation, in fact not the entire breach, deviation,

and/or recapitulation errors must be brought to the crimng that has the power of the law to be sanctioned cancellation as a candidate by KPU Province and KPU District/City and subject to criminal sanction in accordance with the laws.

(3) The Campaign Team which is proven to be committing an offence as referred to in paragraph (1) based on the court ruling that has

To obtain an official copy, contact the General Secretariat and the General Secretariat Constitutional Court of the Republic of Indonesia Jl. Independence West No. 6, Jakarta 10110, Telp. (021) 23529000, Fax (021) 3520177,wo hundred million rupiah) or At most Rp1,000.000.00 (one billion rupiah).

Article 71 (1) State officials, state civic apparatus officials, and Head of Village or

Other designations/Lurah are prohibited from making decisions and/or actions that benefit or adversely affect any of the candidate couples during Campaign.

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SALEND

(2) The incumbent is prohibited from reimbursed 6 (six) months before his term expires.

(3) The incumbent is prohibited from using the program and the activities of the Local Government for activities Election 6 (six) months before the term ends.

(4) In terms of the incumbent doing so in paragraph (2) and paragraph (3), the incumbent is subject to the sanction of the annulment as a candidate by the Provincial Election Commission or the District/City Council.

Article 187 paragraph (6) the misreferral is not corrected in the revision of the No. 1 Act 2015 conducted by the House and the President.

Article 187 verse (6) speaks of the criminal sanction of campaign funds instead

Article 187 paragraph (6) refers to Article 71 that does not speak of

obligations in the campaign fund reporting. The criminal sanction of Article 71 already

is set up in Article 188 stating, " Any state official, official

Civil Aparregulated State, and Head of the Village or other designations/Lurah that with

willfully breached the provisions as referred to in Article 71, convicted

with prison criminal At least one (one) month or longest of 6 (six)

months and/or fines at least Rp 600,000.00 (six hundred thousand rupiah)

or at most Rp6.000.00 (six million rupiah)".

Section 187 of the paragraph (6) should refer to Section 76 of the paragraph (2) that

requires to report acceptance of campaign funds from the source-

the prohibited source as set out in Article 76 paragraph (1). With

one of the articles 187 in paragraph (6) then any election participant who was not

reported acceptance of campaign funds from prohibited sources

could not be subject to criminal sanctions. In the Court of Justice jurisprudence

Constitution Number 17 /PUU-X/2012 filed by the applicant II, Sanctions

The misplaced criminal has incur legal uncertainty in

enforcement of the criminal law of Elections.

With no There are criminal sanctions for election participants who do not

report on the use of the campaign funds alone to let happen

the untransparency of the use of campaign funds. Not the tranparable

use of campaign funds just let the use of the funds

campaign from sources banned by election participants. Conditions

it has banned one of the principles of law and justice embraced

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SALT is universally stated that " no one can

benefit by its own deviation and transgresses

and no one may be harmed by deviation and breach

which is done by others " (nullus/nemo commodum capere potest de

injuria sua progentleman).

8. Panwaslu District/City Is Not Authorized To Oversee The Designation Of The Regent and Deputy Regent as well as the Mayor and Deputy Mayor.

In revisions done by the Government and the House does not correct Panwaslu ' s authority District/City to oversee the Redemption of the Election Results of the Regent and Vice Regent as well as the Mayor and Deputy Mayor.

Act No. 1 of 2015 has castrated Panwaslu ' s authority

District/City to oversee the Redemption of Results The election of the Bupati and the Vice

Regent as well as the Mayor and the Deputy Mayor. This is in contrast to the authority

that the Bawaslu province can oversee the outcome of the results

the election of the governor and the deputy governor. Comparison of Bawaslu Settings

province and Panwaslu district/city showing Panwaslu

District/City Unauthorized Watch the Election Results

Regent and Vice Regent as well as the Mayor and Deputy Mayor following:

The duties and authority of the Bawaslu Province Section 28

paragraph (1) letter a

The task and authority of the Panwas Regency/City

Section 30 of the Letter of Interest

oversees the staging stage The selection of provincial territories included:

1. update of voter data based on the database data and the designation of Temporary Voter Lists and Fixed Chooser List;

2. nomination related to the Governor's requirements and terms of the bid;

3. Guberngubernation process for Governor;

4. Candidate designation for Governor;

5. Campaign execution; 6. procurement of logistics

Elections and

oversee the staging stages of the Election including: 1. Data updates

voters based on the population data and the designation of the Provisional Elector List and the Permanent Chooser List;

2. candidacy related to the requirements and rules of the nomination manner;

3. process and assignment of candidates;

4. Campaign execution; 5. Election equipment

and its distribution; 6. execution

polling and selection vote counting;

In Section 30 of the letter a no Panwas Regency/City authority to oversee the Penetration Outcome of the Regent and the Mayor. The absence of Oversight is the same as allowing for violations and/or crimes occurring.

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SALT of its distribution;

7. The execution and counting of the vote and the selection vote count;

8. supervision of the entire process of voting counting on its workspace;

9. vote recapitulation of the entire County/City carried out by KPU Province;

10. implementation of the calculation and revoting, advanced selection, and subsequent elections; and

11. "

7.

7. controlling the oversight of the entire voting process process;

8. delivery of ballots from TPS level up to PPK;

9. the process of recapitulation of sounds performed by KPU Province, County, and Cities from all over the Subdistrict; and

10. implementation of the calculation and reelection, advanced selection, and the the election crimes that

can damage and shrink the demrarsi joint

7. Article 187 of the paragraph (6) of the references by reference to Section 71

Section 187 paragraph (6) Any person who intentionally accepts or gives the Campaign funds from or to the prohibited party as referred to in Article 76 of the paragraph (1) And/or do not fulfill the obligations as referred to in Article 71, criminalised with a prison criminal of at least 4 (four) months or at least 24 (twenty-four) months and/or the least fine of Rp.200.000.00 (t contact the Kepaniteraan and the General Secretariat of the Constitutional Court of the Republic of Indonesia Jl. Independence West No. 6, Jakarta 10110, Telp. (021) 23529000, Fax (021) 3520177, Email: sekretariat@mahkamahkonstitusi.go.id

SALCopy that states:

" Campaign executed through public debate/open debate among couples

candidates; campaign materials deployment to the public; installation of props; and

ads Print mass media and electronic mass media are facilitated by the Provincial KPU

and the APBN-funded District/City KPU ".

On one side of Article 69 of the letter h prohibits the use of the APBN in the campaign,

but on the other side Article 65 of the paragraph (2) allows the use of APBN.00 (two A million rupees.)

Article 98 of the paragraph (11) allows KPPS to not sign the News

Event and the Certificate of Voting and the Articles of Vote while Article

193 verse (2) and Article 196 states that KPPS may be subject to criminal sanctions

if it does not sign the Event News and the Voting Certificate and

the count of the vote.

3. Inconsistencies, legal uncertainty, and contradictory articles in the Campaign arrangement

Article 63

(1) The campaign is implemented as a form of the public political education implemented in the United States. be responsible.

(2) The campaign as referred to in paragraph (1) is exercised by the KPU Province for the Election of the Governor and the Deputy Governor of the District/City for the Election of the Regent and the Vice Regent and the Election of the Mayor and Vice Mayor.

(3) The schedule of implementation of the Campaign is set by KPU Province for the Election of the Governor and the Deputy Governor and the District/City Commission for

To obtain an official copy, please contact Kepaniteraan and the General Secretariat of the Constitutional Court of the Republic of Indonesia Jl. Independence West No. 6, Jakarta 10110, Telp. (021) 23529000, Fax (021) 3520177, Email: sekretariat@mahkamahkonstitusi.go.id

SALAS The election of the Regent and Deputy Regent and the Election of the Mayor and the Deputy Mayor with regard to the proposal of the candidate.

(4) Further provisions on the manner of the implementation of the Campaign as contemplated on verse (2) is set up with the KPU Regulation.

The election campaign was carried out by KPU Province and KPU Kabupaten/

City. Election campaign conducted by KPU Province and KPU

District/City opportunities disturb the independence and independence of KPU

Province and KPU Kabupate/City in the holding of elections. The KPU

Province and KPU Regency/City should not enter the private domain

performed the Candidate Couple, but simply entered the public legal domain

in the form of schedule setting. Article 63 paragraph (2) has been in conflict with the principle

independent as referred to as Article 22E paragraph (5) of the Constitution of 1945 due to KPU

Province and KPU Regency/City not only as organizer

elections but also as executors and campaign offender.

That Article 63 verse (2) confirms that that carries out the Campaign

Election of the Governor, the Regent, and the Mayor is KPU Province and KPU

District/City. Article 63 of the paragraph (2) has at least been contradictory,

incur legal uncertainty, and is inconsistent with the Following Articles

:

Article 65 paragraph (1)

The campaign can be implemented through:

a. limited meeting; b. Face-to-face meetings; c. public debate/open debate among candidates; d. the spread of the Campaign material to the public; e. Install the props; f. Print mass media advertisement and electronic mass media; and/or g. Other activities that do not violate the Campaign ban and the provisions

The laws of the negotiations.

Section 65 of the paragraph (2)

The campaign is referred to in paragraph (1) letter c, d, e and

letter f is facilitated by KPU Provincial and KPU Regency/City funded

APBN.

Based on Article 65 of the paragraph (2), the campaign facilitated by the KPU

To obtain an official copy, Jakarta 10110, Telp. (021) 23529000, Fax (021) 3520177, Email: sekretariat@mahkamahkonstitusi.go.id

SALCopy One of the points of the revision change deal is the selection of the regional head

and the regional vice-head is only one round and the winner is the pair

the candidate with the most votes. However, Article 156 is not revised so that still

there is the phrase "next round" in verse (2).

E. Cacat Materyl Chient.

The applicant is an example of the Chair in the Jakarta Council of Jakarta, Party

The politics of acquiring seats are PDIP, Gerindra, Democrat, PAN, PKS,

PPP, Hanura, Golkar, PKB and Nasdem. Political parties that do n' t

get seats in the DPRD are the UN and PKPI. If using

the provisions of Article 40 paragraph (1) and paragraph (3) then UN and PKPI which

gained a vote in the Legislative Elections yesterday could not participate

harass the spouse of the candidate for Governor of Jakarta. While

c. Provinces with a population of more than 6,000,000 (six million) up to 12,000,000 (twelve million) of the soul, the filing of the electoral dispute is made if there is a single difference of 1% (one percent) of the designation of results. The calculation of the votes won by the Provincial Commission; and

d. A province with a population of more than 12,000,000 (twelve million) of the soul, the filing of the voting discord is performed if there is a maximum difference of 0.5% (zero five percent comma) of the designation of the calculation of the votes by the vote. KPU Province.

(2) The Regent Election and Deputy Regent and the Mayor and the Mayor and the Deputy Mayor may apply for the cancellation of the calculation of the votes for votes with the provision:

a. District/City with a population of up to 250,000 (two hundred and fifty thousand) of the soul, the filing of the electoral dispute is made if there is a second difference of 2% (two percent) of the designation of the calculation of the vote. by KPU Regency/Kota;

b. A city with a population of up to 250,000 (two hundred and fifty thousand) of the soul up to 500,000 (five hundred thousand) of the soul, the filing of the electoral discord is performed if there is a much greater difference of 1.5% (one comma). 5%) of the assignment of the vote tally by KPU Regency/Kota;

c. District/City with a population of up to 500,000 (five hundred thousand) of the soul up to 1,000,000 (one million) souls, the filing of the electoral dispute is performed if there is a single difference of 1% (one percent) of the designation the results of the calculation of the vote by KPU Regency/Kota; and

d. District/City with a population of more than 1,000,000 (one million) souls, submission of the vote-making dispute is performed if there is a maximum of 0.5% (zero five percent zero in comma) of the outcome of the calculation of the vote. by KPU District/City.

That in the revisions the Government and the House did, did not remove

the provisions of Article 158 instead of just naming the phrase ' Deputy Governor ",

Vice Regent", and "Vice Mayor".

To obtain an official copy, contact Kepaniteraan and the General Secretariat of the Constitutional Court of the Republic of Indonesia Jl. Independence West No. 6, Jakarta 10110, Telp. (021) 23529000, Fax (021) 3520177, Email: sekretariat@mahkamahkonstitusi.go.id