Key Benefits:
DECREE Number 76 /PUU-IX/2011
FOR JUSTICE BASED ON THE ALMIGHTY GOD
CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA,
DRAWS: A. that the Constitutional Court has noted in the Book
Registration of the Constitutional Case, a plea from Sulastio and comrades through a letter of application dated October 10, 2011 which was accepted in the Court of Justice Constitution on
dated October 10, 2011 and noted in the Book of Registrations
Perkara of the Constitution on October 19, 2011 with
registration Perkara Number 76 /PUU-IX/2011, subject to plea
Testing of Article 11 of the letter i throughout the phrase " resigned
of the political party membership ..."; Article 85 letters i along
the phrase" resign from membership of the political party ...";
Article 109 of the letter c, letter d, and letter e along the phrase
"4 (four) public figures in terms of number of envoys
The political party in the House of Representatives is in the country. odd or ... in terms of
The number of political party envoys in the House of Representatives is even",
paragraph (5), and paragraph (11) of the change provisions of the Invite-
Invite Number 22 Year 2007 on Election Organizers
General against the Republican Basic Law
Indonesia Year 1945;
b . that against Perkara Number 76 /PUU-IX/2011 it,
The Constitutional Court has published:
1. Chairman of the Chief Justice of the Constitutional Number
556 /TAP.MK/ 2011 dated October 19, 2011 on
The formation of the Judge Panel to examine the application
Number 76 /PUU-IX/2011;
2. Chief Panel Judge Constitutional Court Number
559 /TAP.MK/2011, dated October 19, 2011 on
setting the first trial day for examination
introduction;
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c. that the Constitutional Court in the examination panel hearing
preliminary on November 4, 2011, has given
the advice to the applicant to withdraw the plea
caused by the erroneously testing the error The Act, which is
The provisions of the Changes to the Number 22 Year Act
2007 on Election Organizers of Elections;
d. that the petitioners submitted a withdrawal request
re Perkara's request No. 76 /PUU-IX/2011 with
a letter dated November 10, 2011 on "Letter of Revocation",
which was accepted in the Constitutional Court of Justice on date
10 November 2011;
f. that against the revocation of the request or recall
the request, the Plenary Meeting of the Judges
dated November 16, 2011 had established, that
revocation/recall of the Number of Perkara requests
76 /PUU-IX/2011, in addition to reason and does not conflict with
The Act, the object of the invocation of the petitioner, is
The provisions of the Changes to the Number 22 Year Act
2007 about the Organizing General Election Act
the basis for applying for the application is also not there. With
as such, according to the revocation/recall court
the plea can be granted;
g. that under Section 35 paragraph (1) and paragraph (2) Invite-
Invite Number 8 Year 2011 on Changes to the Invite-
Invite Number 24 Year 2003 on the Constitutional Court,
" The applicant may withdraw the Plea before or
during an examination of the Constitutional Court is conducted ", and
" Rerunning as referred to in paragraph (1)
resulting in the request cannot be refiled ";
Given: Constitution of the Republic of Indonesia in 1945,
Act No. 24 of 2003 on the Court
Constitution as amended by the Act
No. 8 Year 2011 on Change of the Act
No. 24 of 2003 on the Constitutional Court (Sheet
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State of the Republic of Indonesia Year 2011 Number 70, Additional
Sheet of State of the Republic of Indonesia Number 5226) and Invite-
Invite Number 48 Year 2009 on Power of Justice
(State Sheet of the Republic of Indonesia) 2009 No. 157
Additional Gazette Republic of Indonesia No. 5076);
SPECIFIES,
STATES:
-GRANTING THE PETITIONERS A RETURN TO THE REQUEST;
-PLEAS WITH THE NUMBER OF PERKARA REGISTERS 76 /PUU-IX/2011 subject
Testing of Article 11 of the letter i throughout the phrase " resign from
membership of the political party ..."; Article 85 of the letter i throughout the phrase"resignation
self from membership of the political party ..."; Article 109 of the paragraph (4) letter c, d, and
letter e along phrase " 4 (four) public figures in terms of numbers
The existing political party emissaries in the House numbers are odd or ... in terms of numbers
the existing political party envoys in the House are even", paragraph (5), and paragraph (11)
provisions of change to the Law No. 22 of 2007 on
Organizing the General Election against the Country Basic Law
The Republic of Indonesia in 1945, retracted;
-The applicant may not submit Application Test application
11 letters i throughout the phrase " resign from party membership
politics ..."; Article 85 of the letter i throughout the phrase"withdrew from
membership of the political party ..."; Article 109 of the paragraph (4) c, letter d and letter e
throughout phrase " 4 (four) public figures in terms of number of envoys
The existing political party in the House is odd or ... in terms of the number of envoys
The political party in the House is even", paragraph (5), and paragraph (11)
provisions of change to the Law No. 22 of 2007 on
Organizing the General Election against the Country Basic Law
Republic of Indonesia 1945;
-Ordered to the Panitera of the Constitutional Court for the publishing the deed
revocation of the invocation and return the file request
to the applicant;
So it was decided in a Meeting of Judges by the nine Judges
Constitution, that is, Moh. Mahfud MD, as the Chief of the Members, Achmad
Sodiki, M. Akil Mochtar, Maria Farida Indrati, Hamdan Zoelva, Ahmad Fadlil
4
Sumadi, Anwar Usman, Harjono, and Muhammad Alim, respectively as
Members, on the day of Wednesday of the sixteenth month of November the two thousand eleven spoken in the Plenary Session open to the public on the day Monday, the twenty-one month of November year two thousand eleven by the seven Judges of the Constitution is, Moh. Mahfud MD, as the Chair of the Capture
Member, Achmad Sodiki, M. Akil Mochtar, Hamdan Zoelva, Ahmad Fadlil Sumadi,
Anwar Usman, and Muhammad Alim, respectively as Members with
accompanied by Cholidin Nasir as the Replacement Panitera, attended by the
the applicant/its ruler, the Government or the one representing and without being attended by the DPR.
CHAIRMAN,
ttd.
Moh. -Mahfud MD.
MEMBERS,
ttd. Achmad Sodiki
ttd. M. Akil Mochtar
ttd. Zoelva Hamdan
ttd. Ahmad Fadlil Sumadi
ttd. Anwar Usman
ttd. Muhammad Alim
REPLACEMENT PANITERA, ttd.
Cholidin Nasir
