Key Benefits:
3.2. The absence of asas or the principle of electoral district determination in Law No. 8 of the Year 2012 concerning the General Election of Representatives, DPD and DPRD
18.That the establishment of an electoral region is one of the stages
in the event a general election under Law No. 8
In 2012 about the Election of Representatives Members, DPD and DPRD.
The election of the Election:
a. planning programs and budgets, and regulations
implementation of the election;
b. update of voter dpillars of the legal state
Indonesia which, serves as the "guardian" of "constitutional rights"
any citizen of the Republic of Indonesia. With this awareness the
The applicant then, decides to apply
testing Article 22 of the paragraph (5) and Appendix Act No. 8 of 2012
on the Election of the Members of the House, DPD and the DPRD Against
Basic Law of 1945;
5
9. That under Article 51 of the paragraph (1) of the MK juncto Act Article 3 of the Regulation
Constitutional Court Number 06 /PMK/2005 on the Event Guidelines
In the Perkara Testing Act states that: The applicant
is the party assume the rights and/or authority
constitutionality is harmed by the enactment of the Act:
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;
d. state agencies.
10.That the applicant 1 up to the applicant 9 is a person of the citizens
the Indonesian state originating from Aceh Province who has had the right
votes for the potential to be harmed in its constitutional rights by the enaccation of the
Act No. 8 of 2012.
11.That in the explanation of Article 51 of the paragraph (1) the Act of MK states that
"In question the constitutional right is the rights set
in the 1945 Constitution". Based on Constitutional Court Decree No.
006 /PUU-III/2005 and the ruling Constitutional Court ruling
next, the Constitutional Court has determined 5 terms regarding
constitutional loss as contemplated. in Article 51 of the paragraph (1)
The MK bill, as follows:
a. there must be a right and/or constitutional authority of the applicant that
granted by the 1945 Constitution;
b. the rights and/or the constitutional authority is deemed to have been
aggrieved by the enactment of the required Act
testing;
c. The rights and/or constitutional authority is to be
specific and actual, at least as potential as possible
reasonable reasoning could be certain to occur;
d. there is a causal link (causal verband) between the rights loss
and/or constitutional authority with the Act that
is moveed; and
6
e. It is possible that with the request of a request, then
the loss of rights and/or the constitutional authority postured
will or shall no longer occur.
12.That the enaccation of Article 22 of the paragraph (5) and the Attachment Act No. 8 Year
2012 which in the formation of an election area in Nangroe Province
Aceh Darussalam has divided the life region of Gayo Community
which is spreading in four districts/city namely Bener Meriah, Aceh
Central, Aceh Southeast, and Gayo Luwes in an election area that
different has inflicted a loss constitutional of the applicant
as guaranteed in Article 28I paragraph (3) of the 1945 Constitution.
13.That provisions that divide the region of Gayo Community life
into different electoral districts as determined by
Article 22 of the paragraph (5) and the 2012 Act No. 8 affect the right
constitutionality The petitioners. As for the constitutional loss para
The applicant in this regard is as a citizen of Gayo who
being born in the Land of Gayo cannot fight for the integrity of values
culture as the result of the Gayo region becomes two election area.
Even if it is later the party related as the original son Gayo was elected
DPR member RI though, would not be able to develop the region
at maximum because it was not intact again as one area
election.
14.That based on the description above, then there is a causal link
result or a causal verband between the Applicant with the existence
Section 22 of the paragraph (5) and the 2012 8 Year Act Act on
Election Members of the House, DPD and DPRD, which have resulted in
constitutional losses on the Applicant;
III. REASON FOR THE REQUEST
3.1. The subject matter is asked 15.That which is the subject of this application is testing against
Section 22 of the paragraph (5) and the 2012 8-year Appendix to
Election Members of the House, DPD and DPRD which at its core have been
separates the Gayo Tribe's Traditional Community life area that
spread across 4 counties into two electoral regions that
is different.
7
Map of Dapil Aceh Based on Act No. 8 of 2012
16.That Appendix Act No. 8 of 2012 on Member Elections
DPR, DPD and DPRD have divided electoral districts in the Province
Nangroe Aceh Darussalam became two: Dapil Nangroe Aceh
Darussalam I and Nangroe Aceh Darussalam II as follows:
The Dapil NAD Partition Table Based on Law No. 8 of 2012
The Dapil Number of NAD I Dapil NAD II
1. Bireuen County Sabang
2. City of Banda Aceh City of Lhokseumawe
3. Aceh Besar Regency North Aceh Regency
4. District Pidie District Bener Festive
5. Pidie Jaya Regency Central Aceh Regency
6. Aceh Jaya Regency, East Aceh Regency
7. West Aceh Regency Langsa City
8. Aceh Regency Raya Regency Tamiang
9. Gayo County Lues
10. West Aceh Regency
Dapil NAD I
Dapil NAD II
8
Power
11. South Aceh Regency
12. Aceh Regency
Southeast
13. City of Subulussalam
14. Aceh Singkil Regency
15. Simeulue Regency
17.That Annex Act No. 8 of 2012 above expressly has
splitting the territory of the Gayo Tribe in Central Aceh Regency,
Bener Meriah, Gayo Lues and Southeastern Aceh should be
is a unit of territory considered in
the formation of the constitueepublic of Indonesia 1945;
5. That Section 22 of the paragraph (5) of the Law No. 8 Year 2012 of Election
General Representative Council, DPD and DPRD reads: " Election regions
as referred to in paragraph (1) are listed in the appendix
not separated from the This Act. " This is in line with
Appendix Act No. 12 of 2011 on the Formation of Regulation
Legislation, specifically the number 192 that mentions that:
" In terms of the Regulation of Law requires attachments, things
it was stated in the torso that the attachment meant
is an inseparable part of the Perundang Regulation-
invitation. " So it is clear that the attachment of an Act
is an inseparable part of the contents of the Act
so that the attachment can be tested to the Constitutional Court.
6. That based on those thi he paragraph (5) and Annex Act No. 8
2012 on Election Members of the House, DPD, and DPRD does not have
the power of the law is binding as long as it does not change the map of the Region
Election Nangroe Aceh Darussalam as a simulation of the sharing
region Dapil Nangroe Aceh Darussalam delivered by the
Applicant.
17
4. Ordering to contain this ruling in the News of the Republic of the Republic
Indonesia as it should be.
If the Assembly of Justice of the Constitutional Court argues for another, please the verdict
the one-adilnya-ex aequo et bono.
[2.2] weighed that in order to prove his request, para
The applicant has submitted written evidence given the proof of P-1 until
with P-5, which was passed in the trial dated Februm the center
up to the area. " Based on that principle then determination of the area
election should also pay attention to traditional aspects,
in this case the territory of the life region of the Gayo tribe is spreading
in four counties to serve as a one constituency
13
to manifest the traditional representation in the system
general election as.
30.That the breakdown of the Gayo region, politically causing
representation of the Gayo Tribes is minimal. both in the DPR RI (Period
2009-2014) and the Aceh People's Representative Council. Dapil Nangroe
Aceh Darussalam I, from 7 (seven) seat quotas provided only one
representative of the Southeast Central region. As for Dapil Nangroe Aceh
Darussalam 2, none of the Gayo Tribes sat in
DPR. Likewise with the seat of the DPRD, out of the 10 seat quotas that
provided only 1 person sitting in the DPRA representing the community
Central Aceh and Bener Meriah.
31.That the above conditions cannot be released from the regional setting design
election in Annex Act No. 8 of 2012. Area design
elections that have divided the Gayo region as indicated
in Annex Act No. 8 of 2012 have been contradictory to
provisions of Article 28I paragraph (3) of the 1945 Constitution, also the principle of regional designation
election.
32.That of the condition, now comes the support and insistence of
stakeholders in the region where the Gayo Tribe is located
to do the electoral district change;
3.5. Reformulations of electoral areas more appreciating the existence of the Gayo Tribe Traditional Society 33.That based on the principles of setting the electoral district above and
the constitutional argumentation being built, then it should be the area
Nangroe Aceh Darussalam election was formed with regard to
asas cohesiveness by making the four regions inhabited by
Traditional Tribe of Gayo Tribe that is Bener Meriah Regency, Aceh
Central, Gayo Luew, and Southeast Aceh Regency to the dalama one
Election Regions which Not separate. The unity of the Dapil region is not
intended to make the Tribe Traditional Community
Gayo as a special Dapil, but at least four of these counties
not separated into different constituency.
34.That to create four areas inhabited by the Society
Traditional Tribe Gayo into an unsegrered electoral district
14
is done enough by moving the two counties: Regency
Bener Meriah and Central Aceh Regency from the previous one
in Dapil II to Dapil I, or move the Gayo Lues County and
Southeast Aceh Regency, which is located in Dapil I to Dapil II. However,
to keep the equality between Dapil I and Dapil II, then
the applicant submits a reformulation of the dapil as described in
the following number.
35.That to create the balance between the constituting regions, The applicant
pleas to see the need to reformulate the constituency in
Nangroe Aceh Darusalam province. Therefore, the area map
elections of Nangroe Aceh Darussalam Province are as follows:
Reformulation of the Election Regions Nangroe Aceh Darusalam
Dapil NAD I
Dapil NAD II
The Gayo Tribe Region
15
Table quota seats from the reformulation of the Nangro Aceh Darusalam election region
Number Dapil NAD I Population Number
Dapil NAD II Number Of Residents
1. Regency
Aceh Jaya
83,211 Sabang City 35.982
2. County
West Aceh
198.853 Banda City
Aceh
255.243
3. Regency
Nagan Raya
167.769 Regency
Aceh Besar
375.494
4. County
West Aceh
Daya
142,731 Regency
Pidie
422.564
5. County
South Aceh
222,849 Counties
Pidie Jaya
148.854
6. City
Subulussalam
75,959 County
Bireuen
409.899
7. Regency
Aceh Singkil
122.996 Kabupaten
North Aceh
558.295
8. Regency
Simeulue
86.443 Cities
Lhokseumawe
184.885
9. Great Bener County
148,616 Regency
East Aceh
403.417
10. Central Aceh Regency
213,732 Langsa City 173.263
11. Gayo Lues County
92.641 Regency
Aceh Tamiang
280.367
12. Southeast Aceh Regency
211.171
Total Population 1.766.971 3.248.263
Alocation Seat Number Of Dapil Population/Total Population x Number of NAD Seats NAD I: 1,766,971/5,015,234 x 13 seats = 4.58 Seats
16
NAD II: 3.248.263/5.015.234 x 13 seats = 8.42 First Seat Asite seats: NAD I: 4 Seats (remaining 0.58) NAD II: 8 Seats (remaining 0.42) Alocation Second Seat (remaining 1 seat) was given to the most remaining NAD I. Total Alocation Chair: NAD I: 5 NAD II seats: 8 Seats
36.That based on that above, expressly that Article 22
paragraph (5) and Annex Act No. 8 of 2012 in particular Number 1
regarding Dapil NAD is contrary to Article 28I verse (3) UUD
1945.
IV. PETITUM
Based on those above, we appeal to the Assembly of Judges
on the Constitutional Court to examine and cut the test application
materiyl as follows:
1. Accept and grant the entire request of the Invite-
Invite submitted by the applicant;
2. Stating the provisions of Article 22 of the paragraph (5) and Annex Act No. 8
In 2012 about the Election of Representatives, the DPD, and the DPRD contradictory
with the Constitution of the Republic of Indonesia in 1945
as long as it does not change the map Constituency of Nangroe Aceh
Darussalam as simulation of Dapil Nangroe region share
Aceh Darussalam delivered by the Applicant.
3. Stating the provisions of Article 22 of tof the basic principles in creating the constituency
is the representation, that the creation of election regions must be
sought for the constituents to be able to vote for their representatives. which
actually represents the constituent conditions that exist in the area.
Meaning the depiction or the boundary making of a dapil should be appropriate
with the public interest as much as possible. Interest
it can be defined in a variety of ways. For example, a community
that is in one geographic region described special dapills outside
the country with district management it is flexible, or as in
Croatia by using nonfixed quota, becomes relevant and urgent
done, certainly this could implicitly add to the number of seats in the House
in general or the decline of multiple House seats in a number of Dapil that
over represented.
politically, certainly more easily. to add to the number of House seats, where
appears to be provided relative against the vote turn out of the government
oveugees,
up to those who still feel they have linkage or relationship related
ethnic nationality or family often referred to with the group
the diaspora. These rights are often guaranteed by voting from abroad,
external voting, (votes do not sound clear) votes, or diaspora voting that
its technical execution varies depending on policy and the vote is not available. rules of the body
Election executors in each country.
The current system in the proportional representation electoral system is possible
the presence of a single national dapil, as in the Netherlands inheriting
21
all voting votes to then be converted into seats
legislative or plural dapills that amount adjusted to the number of seats
being contested, with the number of administrative regions of the government, and
population distribution. Plural dapil, as applicable in Indonesia, does not exist
The default reference is actually theoretically requiring it to be adopted.
certain formulations in the formation of the dapil and in the determination of the dapil.
The Dapil can be formed. to accommodate the number of contested seats in the
a government administration area or to accommodate
the political interests of certain subpopulations. In short, theoretically, the dapil
is a matter of location and allocation, a location and allocation problem. Indeed,
hypothetically, there are some theoretical options to get to an
share of optimal election areas. Well, this optimal course of some
sometimes apolitical or ahistorical parameters, for example,
show that mathematically it formation dapills can be
is practiced practicalally and automatically with data computerization solution,
so that the formation of dapil usually happens due to shifting
population and other political reasons, can be done quickly
and does not have a specific subjective preference.
Inform in external contexts and diaspora voting, the rights of citizens of that country not
may be removed, as long as they are still eligible to vote, as long as they are still
citizens, as long as they still hold passports. Because of this
theoretically they are still covered in the effected interest principle, where
they live abroad it has interests, still have
financial, emotional, and all kinds of bonds. to participate in
a political life in his native country, and this is in accordance with the principle equality of
all citizens. During this time the political participation of citizens abroad, has been
accommodated with the establishment of a committee of foreign elections in each
embassy and diplomatic representation. And that voice was then combined,
put to dapil DKI Jakarta II which includes also the City of Central Jakarta and
South Jakarta as in the 2009 Elections last. This incorporation is not
having a theoretical basis and is based on a characteristic
system of representative proportional representation, but more for reasons
pragmatists.
22
The general public, an effort to luxury the political matters of foreign administration can
use two methods. This is a common one. First, with
assimilated representation, the overseas electors voted and
sent his vote to his last residential constituency, before
leaving his country. For example, for the Indonesian workforce from Papua
West that works and lives in America, then its voice will be used
to select candidates from West Papuan dapil by using (voice not
sounds clear) or a voting card sent by post or through
diplomatic representation.
The Second person, is to form discret district, either directly
or indirectly that specifically represents those who reside. in
overseas.
Current current, more countries are adopting methods discret district here.
Portugal for example, where the members of the legislature are chosen with the electoral system
A balanced representative divided in 20 dapil. There are two dapills that are
each with a two-seat, special for a citizen living outside
the country.
in the Croatian state, the discret district method was adapted again with
using a nonfixed quota ( ) principle resulting in a number of legislative figures in the
special overseas dapil, different from each of its illuminators. Ever 12 in the year
1995, then it was 6 in 2000, to 4 in 2003, and 5
in 2007, depending on the voting turn out, their overseas elections.
The practice of merging voter votes outside. country to Dapil Jakarta II,
in fact further exacerbated systemic problems in our electoral system. This
for historical reasons and fears of regional upheaval, our electoral system
has always given rise to the conditions in which there are very heavy amounts of its competition
and there are uncompetitive dapills in terms of the number of owners.
current conditions under-representation and over representation in a number of these provinces,
certainly has made the proportionality of the Indonesian electoral system to
increasingly problematic.
The rate with the number of outside voters country big enough, close to 5,000,000
voters, then the turnout it is more than enough to sit
dozens of political trustee at the legislative institutions.
23
The current version of the 2009 election results, each member of the legislature on average
nationwide became an agent for 407,498 residents and became a trustee for the approximately
217,122 voters. Well, if using the average number, it should be
a foreign voter's voice can be worth between 11 and 12 seats in the institution
The legislature, when the number of seats in Dapil Jakarta II, there are only 7 seats with
residents South Jakarta and Central Jakarta reach almost 3,000,000 inhabitants.
This means Dapil Jakarta II to be a very competitor and under-representive
and consequently value overseas voters are becoming increasingly delusions.
The need to improve as well as a balanced representative system and enforce
principles of the inclusivity of democracy, then the creation ofe is tied for a wide variety of variants and if
run purely where the principle OPOVOV (one person, one vote, one value) is in effect, then whose name deviation from the proportionality would be
very minimal. Conversely with the addition of various elements that
legitimate such as the presence of many, the range
district magnitude, as well as the seat of the seat to the disproportionable dapil, up to application parliamentary threshold then this system could
be bi ding (legal standing) the applicant.
Against that legal position (legal standing), the House submitted
entirely to the Chief Justice of the Constitutional Court to
consider and assess, whether the applicant has a position
the law (legal standing) or not, as governed by Article 51 of the paragraph
(1) the Act on the Constitutional Court and based on the Decree
The Court of Constitutional Number 006 /PUU-III/2005 and Number 011 /PUU-V/2007.
2. Testing of Law No. 8 of 2012 on Election
and DPRD that determination of member election areas The DPR is conducted
by changing the provisions of the constituency in the last election, this
is based on counting the formation of the constituency based on
27
the principle of national equilibrium, the principle integrality principle, continuity
region and the cohesiveness of the population.
7. The determination of seat allocation in each election area for the House Elections in
Act No. 8 of 2012, is set to be equal to the seat allocation
in the 2009 Elections. Factually, the allocation of seats in each area
election, this should refer to the number of residents by referring
on the principle of one person, one vote, and one value. However, due to the seat allocation
in Pamilu 2009 in each constituency already formed in such a
likeness, so it is feared that if there is a major change in the allocation
seats in any constituency that it will cause The political turmoil that
will surely interfere with the implementation of the election stages of the Year
2014. The government strongly values and understands that in accordance with the
principle one person, one vote, and one value, then the allocation of seats in
each election area corresponds to the number of residents in the constituency
That. But consideration of political stability is more an option
The government in determining the allocation of seats in each constituency.
Against a plea in Perkara Number 6/PUU-XI/2013, the Government can
provide an explanation
That the determination of the constituency as set forth in
Attachment Act Number 8 of the Year 2012 Election Member of the House,
DPD and DPRD are rated break-mecah or merge
An administrative region into a single constituency is something prevalent
in the proportional system elections. For the Indonesian context after the change
The Basic Law of 1945, it is also not contrary to the principle
as the Government is already mentioned above, that is related to the principle
one person, one vote, one value.
The government argues that about the various settings of the area
the election nationally is a shorer of the Act
Basic 1945 to be governed by the Act proportionally.
in this case, legal policy is related to the national option as such
according to the Government does not conflict with the Basic Law of 1945.
Further, according to the Government also the process of forming the Act
Number 8 of the Year 2012 about the Election of Representatives Members, DPD, DPRD has
28
in accordance with the principles of formation of the laws that
is good, including in it its materials, its kind, hierarchy, materials, and
institutions that make up under the laws of the law. which
set it up, which is in this regard under the Terms of Act Number
12 Years 2011 on the Establishment of the Perundang-Invitation Regulation.
Area policy viewed nationally, as defined in
Article 22 of the Law Number 8 of 2012, according to the Government at all
not ignoring the principles contained in Section 18B paragraph (2),
Article 27 paragraph (1), Article 28C paragraph (2), Article 28D paragraph (3), Article 28I paragraph (1)
The Basic Law of 1945. Because of each person, citizen, and party
the politics of the election participants are treated equally and get a chance that
equals a democratic and election competition which is a necessity
and the interests of the Nation Indonesia forward.
The government strongly appreciates the efforts made by
the public, in particular also in this regard are the Applicants, in the contest
providing the donation and participation of thought in building
understanding of the meaning of representation and the construction of the constituency and
the allocation of its seats. Democracy in Indonesia is still in dire need of thought-
the thought for the improvement of the holding of democracy and elections in
the future. In the future, the public's ideas would be
to be a very valuable reference to the Government in particular and
the Indonesian society in general.
On the basis of that thought, the Government hoped to every person,
to the public, including also the petitioners in order to have a dialogue that
intense with the Government constantly in order for life
democracy and future elections will become more well.
Conclusion.
Based on that explanation above, the Government pleads to
Speaker of the Constitutional Court of the Constitutional Court examining, prosecuting, and
severing the Test application of the House Member Election Act, DPD,
and the DPRD against the Basic Law of 1945 may give the verdict
as follows.
1. Rejecting the applicant's testing for the whole or not-
the applicant's request for the applicant is not acceptable.
29
2. Received overall Government information.
3. Stating the terms of Section 22 of the paragraph (1) and paragraph (5) of the Law No.
8 Year 2012 concerning the General Elections of the Representatives, the Members of the DPD, and
The Members of the DPRD do not conflict with the Terms of Section 18B paragraph (2),
Article 27 of the paragraph (1), Article 28C paragraph (2), Article 28D paragraph (3), Article 28I paragraph (1)
The Basic Law of the Republic of Indonesia of Indonesia in 1945.
[2.4] weighed that the Court had heard opening statement of
The House of Representatives on the February 18, 2013 trial of the
pocigarettes as follows:
Perkara Number 6/PUU-XI/2013, Mursyid and kawan-akwan are all citizens
the Indonesian state as the applicant 1 up to the applicant 9, next
called the applicant.
The DPR-RI delivered a preliminary statement against the Plea
Testing The Election Act against the Basic Law of 1945 in
Perkara Number 2/PUU-XI/2013 and Number 6/PUU-XI/2013, which is complete
shall we submit later in writing to the Assembly of Justice of the Court
The Constitution through the Panitera of the Constitutional Court.
Against the Petitions of the Petitioners, as described in both requests
a quo, the House delivered things as follows.
1. Legal stan>one person, one vote, and one value, it became un
inescapable given the constitution stipulating the existence of the DPD in the
legislative system.
6. DPD members were selected from each province by using the district system
many representatives. Each province was elected by four representatives. The existence of the DPD
is intended to compensate for the House of Representatives. With
thus, in the post-change representative system of the Basic Law
1945 there is a DPD representing the area and t g submitted by
The petitioners, the Court considered the following:
[3.11.1] That the subject matter of the applicant is pleading for the constitutionality of testing of Article 22 of the paragraph (5) and the Act of Act 8/2012
about the General Election of Representatives, DPD and DPRD. As for Article 22 of the paragraph
(5) states, "The constituency referred to as paragraph (1)
is listed in an inseparable attachment of this Act".
According to the Applicants Section 22 of the paragraph (5) andof the Republic of Indonesia in 1945 (later called UUD
1945);
[3.2] A draw that before considering the subject's subject,
Constitutional Court (later called the Court) first would
consider the following:
a. The Court's authority to prosecute a quo;
b. Legal standing (legal standing) the applicant to submit
a application;
Against those two, the Court argues as follows:
The authority of the Court
[3.3] weighing that according to Section 24C of the paragraph (1) of the Constitution of 1945, Article 10
paragraph (1) of the letter of the Law No. 24 Year 2003 on the Court
The Constitution as amended by Act Number 8 of the Year
2011 on Change of the Act No. 24 Year 2003 on
Constitutional Court (Republican Gazette) 2011 2011 Number
70, Additional Gazette Republic of Indonesia Number 5226, next
called Act MK), as well as Article 29 paragraph (1) letter of Law Number 48 Year
2009 on the Power of Justice (State Sheet)
Year 2009 Number 8, Additional Gazette Republic of Indonesia Number
4358), the Court of competent authorities tried on the first and last level that
The verdict was final to test the Act against UUD 1945;
34
[3.4] A draw that the a quo plea is about testing
Act in casu Act 8/2012 against UUD 1945, so that the Court
authorities to prosecute a quo;
Legal standing (legal standing) applicant
[3.5] weighed that under Article 51 of the paragraph (1) MK Act and
The explanation, which may act as the applicant in testing an
Act against The Constitution of 1945 is those who consider the right
and/or authority The Program is a unit of use for which the Program can be used for the purpose of the Program. 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; or
d. state agencies;
Thus, the applicant in testing the Act against the UUD
1945 must explain and prove first:
a. The position of the applicant is referred to in Article 51 of the paragraph
(1) of the MK Act;
b. the absence of the constitutional rights and/or constitutional authority provided by
of the 1945 Constitution resulting from the enactment of the Act
is mohoned testing;
[3.6] The Court has also been that the Court has since the Number of Nos. 006 /PUU-III/
2005 dated May 31, 2005 and Decree Number 11 /PUU-V/2007 dated 20
September 2007 and subsequent rulings have established that
loss of rights and/or constitutional authority as referred to in
Article 51 of the paragraph (1) MK Act must meet five terms, namely:
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 are considered
aggrieved by the enactment of the test-mover;
35
c. The loss of the rights and/or such constitutional authority must be
specific and actual or at least any potential that according to reasoning
reasonable is certain to occur;
d. Due (causal verband) relationship between losses referred to
by the enactment of the testing Act;
e. It is possible that with the request of a request, then
the rights and/or constitutional rights losses such as the postured did not
will or no longer occur;
[3.7] Draw that based on the basis of the Description as
in paragraph [3.5] and paragraph [3.6], next the Court will consider the legal position (legal standing) the applicant in
a request a quo;
[3.8] Weighing that the applicant is a person of the Citizen
Indonesia that coming from the Gayo Tribe in Aceh ' s Nangroe Province Darussalam
who has had the right of choice. According to the applicant, due to the enactment of Article
22 verses (5) and Annex Act 8/2012 in the formation of the constituency
member of the DPR RI, in Nangroe Province Aceh Darussalam has divided the territory
the life of Gayo Community spread in four districts/cities namely
Bener Meriah Regency, Central Aceh Regency, Southeast Aceh Regency,
and Gayo Lues County in different constituency, namely
Bener Meriah Regency and Aceh Regency Center enter Election Area
Nangroe Aceh Darussalam I and Southeast Aceh Regency and Gayo County
Lues entered the Election Area Nangroe Aceh Darussalam II, thus splitting
the unity of the Gayo indigenous peoples. This gives rise to the constitutional loss of the
The applicant as guaranteed in Article 28I paragraph (3) of the 1945 Constitution. With
a a quo provision, as a citizen of Gayo who was born in
The Gayo Land cannot fight for the integrity of cultural values as a result of
by the end of Gayo region into two constituting areas. Even if later
Gayo's original son was elected to the House of Representatives even though, would not have been able to
expand the region in maximum because it was not intact again as
one constituency;
36
[3.9] weighed that by consideration in paragraph [3.7], and
paragraph [3.8] above, as well as being linked to the loss of the applicant as an individual of Indonesian citizens, according to the Court of Justice The applicant
has a constitutional right to be harmed by the prevailing norm that
is required for testing so that the petitioners have a legal position (legal
standing) to apply for a quo;
[3.10] A draw that by because the Court of Justice is prosecuting
plea a quo and the applicant have a legal position (legal standing)
then the Court will consider the subject
plea;
Court opinion
The subject of a plea
[3.11] weighed that after the Court heard and read
with the testimony of the petitioners, the Government captions, the captions
The House of Representatives, as well as check the evidence of the letter/writinn submitted through the Court of Justice on 13 March 2013,
at the point remains at its foundation;
[2.6] weighed that in order to shorten the description of this Putermination, everything
something that happened at the trial was quite appointed in the Event News
The trial, and is one unbreakable unit with
This disconnect;
33
3. LEGAL CONSIDERATIONS
[3.1] Draw that the intent and purpose of the Annex Act 8/2012
that has separated the traditional Gayo tribe's life region
which is spread in four districts/city of Bener Meriah Regency,
Central Aceh Regency, Southeast Aceh Regency, and Gayo Lues Regency
in two different constituting areas is contradictory Article 28I verse (3)
UUD 1945. According to the petitioners, in order to preserve the tribal community
Gayo, should the entire region inhabited by the Gayo community
join in one constituency. The breakdown of the Gayo region,
politically responsible for the representation of the Gayo people was minimal in the DPR RI
(2009-2014 period) and the Aceh People's Representative Council. Constituency
37
(Dapil) Nangroe Aceh Darussalam I, from 7 (seven) seat quotas provided
only one representative of the Southeastern Central region, while Dapil Nangroe Aceh
Darussalam II, none of the Gayo's representatives. Sit in the House of Representatives
As well as the DPRD chair, out of the 10 seat quotas reserved only 1
people sit in DPRA representing Central Aceh and Bener Meriah.
The government and the House of Representatives argued that the provisions in
Article 22 paragraph (5) and Annex Act 8/2012 do not conflict with the provisions
Article 28I paragraph (3) of the 1945 Constitution;
[3.11.2] That before the Court considers the subject matter the applicant, the Court of Justice, first
consider that the 1945 UUD did not set up and did not give
Specific clues regarding the determination of the election area for the election
members of the House of Representatives. However, according to the Court
The main principle of electoral constituting is the principle of representation, which is
a principle that guarantees that the representatives who are elected in a representative agency
the people can relate. effective and good with constituents in the region
his election to maximize the achievement of the intent of a democracy
adheres to the representative principle. To meet that intent, in general
the determination of the election region considers the principle of equality
the population is the price of a seat compared to the population of the same region
the election that is one with the region Another election. In addition to one person, one vote, one value, one value (opovov) in a democratic election is also to satisfy the sense of justice between the electoral districts. In addition
in order to facilitate the effectiveness of the implementation of representative functions, in
determining the constituency, also considering the integrity of the region, i.e.
an electoral region must be integral geographically, including in this
consider aspects of the administration area of the government. Then, it is known
also the principle of the cohesion of the population in determining the constituency, which is
determination of the electoral region to preserve the unity of social elements
the humpback culture and preserve the wholeness of the minority groups. Element unity
social culture is important to unite the interests that will be fought
by the deputies in parliament. The minority group ' s finances also need to be guarded so that
they get a certainty to have a deputy in parliament. In
determining the constituency for lower representative agencies, need
38
also paying attention to the principle of territorial coverage (coterminus), which is
the constituency of the lower-level representative agency should be a whole
of the representative area of the representative institution higher, or one constituency
lower level agencies should not be in two areas or more areas
the selection of higher representative agencies. This principle is to make it easier
aspiration of aspiration intersectively to a representative institution, or otherwise
to ease the excavation of aspiration down. For Elections in Indonesia which
hosting House Elections, Provincial DPRD, and District/City DPRD
carried out simultaneously the application of this principle not only makes it easier for the party
politics and candidates of the legislative assembly in the related to constituents in
election area, but also make it easier for Election officers in the running
of its duties. This is where, among other things, the discretion and policy of the Commission
General Election (KPU) in setting the constituency;
[3.11.3] That regardless of the various foundations of consideration as it has been put forth above, determination of selection areas is very dynamic and
a variitative that depends heavily on the general principles agreed in
the establishment of the electoral regions set in the Act as well as
adjusted to the situation and political configuration at the time. Therefore,
the determination and formation of an electoral region in principle is the territory
the policy of forming the Act and the organizer of the general election
(opened legal policy, optionally constitutional). The most important thing about determining
the constituting area related to the constitution is the guarantee that
every citizen gets a guarantee of having a representative sitting at the institution
a representative who will fight for it. His political interests in determining the
state government policy. On the other hand, the representatives of the people sitting in
representative institutions can effectively fight for political interests
the people he represents. According to the Court, the determination of an election area
cannot be done by focusing on the consideration of ethnic representation and
the tribe, as many and many of Indonesia's existing ethnic groups
cannot be. Consider the whole thing. Ethnic considerations and
tribes, only possible if other principles have been met are between
other, the principle of the balance of proportionality, the number of representatives, and those represented to
all constituency, consideration. Government administration,
including geography, and others. Constitutional rights of unity
39
customary law society guaranteed by Article 18B paragraph (2) and Article 28I paragraph
(3) The 1945 Constitution does not itself be ignored in the absence of a representative
unity of the customary law society in the representative institution the people, because
recognition and respect for the traditional rights of the legal society
customary is a constitutional obligation. There are or no members of the House
stemming from a customary legal society in a representative institution
the people, the rights of the customary law society constitutionally remain recognized and
respected throughout still alive and appropriate. with the development of the society
and the principles of the State of the Republic of Indonesia, which is governed in the Invite-
Invite;
[3.11.4] That the constitutional respect for the existence of indigenous peoples as defined in the Article 18B paragraph (2) and Article 28I paragraph (3) of the UUD
1945 has no relevance to determination of the constituency because anyone
who was elected to the House in a constituency that is not
again represents the tribe or indigenous people. Similarly that
the process of forming the Act 8/2012 has been in accordance with the principles of formation
good laws, including materials, types,
hierarchies, and institutions that make up under the rules of the law. perinvite-
an invitation that set it up, in this case Law Number 12 Year
2011 on the Establishment of the Laws of the Law. Based on
those considerations above, the provisions in Article 22 of the paragraph (5) and Attachment
Act 8/2012 do not conflict with the provisions of Article 18B of paragraph (2) and Article 28I
paragraph (3) of the 1945 Constitution;
[3.12] Balanced That based on the entire above consideration, according to
The applicant ' s court of invocation is unwarranted and unproven according to
the law;
4. KONKLUSI
Based on the assessment of the facts and laws as described in
above, the Court concluded:
[4.1] The court is authorized to prosecute the a quo;
40
[4.2] The applicant has a legal position (legal standing) for
applying for a quo;
[4.3] The applicant's application is unwarranted according to the law;
Based on Constitution of the State of the Republic of Indonesia Year
1945, Act No. 24 of 2003 on Constitutional Court
as amended by Law No. 8 Year 2011 on
Changes to Invite Number 24 Years 2003 on the Court
Constitution (State Sheet of the Republic of Indonesia) 2011 Number 70,
Additional State Sheet Indonesia Number 5226), As Well As Invite-
Invite Number 48 Of 2009 On The Power Of Justice (State Sheet
The Republic Of Indonesia 2009 Number 157, Extra Sheet Country
Republic of Indonesia No. 5076).
5. AMAR RULING
PROSECUTING,
States rejects the applicant's plea for the whole;
So it was decided in a Consultative Meeting by
nine Constitutional Judges: M. Akil Mochtar, as Chairman. Arrested
Member, Achmad Sodiki, Maria Farida Indrati, Anwar Usman, Muhammad Alim,
Hamdan Zoelva, Harjono, Arief Hidayat, and Ahmad Fadlil Sumadi, respectively
as Member, at Thursday, the fourth, month of April, year two thousand
thirteen, and spoken in the plenary session The Constitutional Court is open
to the public on Thursday, the fifth, September, September, year two thousand
thirteen, finished pronounced at 14.48 WIB, by the nine Constitutional Judges
that is M. Akil Mochtar, as Chairman, Member, Hamdan Zoelva,
Muhammad Alim, Maria Farida Indrati, Anwar Usman, Harjono, Arief Hidayat,
Ahmad Fadlil Sumadi, and Patrialis Akbar, respectively as Members,
with accompanied by Fadzlun SN ' s Mind as a Replacement Panitera, as well as
41
is attended by the Applicants, the Government or the representing, and
the People's Representative Council or the representing.
CHAIRMAN,
ttd.
M. Akil Mochtar
MEMBERS,
ttd.
Hamdan Zoelva
tttd.
Muhammad Alim
ttd.
Maria Farida Indrati
ttd ..
Anwar Usman
ttd.
Harjono
ttd.
Arief Hidayat
ttd.td.
Ahmad Fadlil Sumadi
tttd.
Patrialis Akbar
PANITERA REPLACEMENT,
ttd ..
Fadzlun Budi SN
