Key Benefits:
South Central by Pengurus/Council of the Branch of the Enforcement Party
Democracy Indonesia (DPC-PPDI) of Central Timorese Regency South
with Candidate Number 1 of South Central Timor Election Region I
South Central Timorese Regency (Evidence-P-4);
Thus the applicant is a citizen of the Republic of Indonesia and
A Member of the Political Party of PPDI (Indonesian Democratic Enforcement Party) who
has been set to be submitted as a would be a member of the Assembly Member
South Central Timor regency in the implementation of the 2009 Elections,
so by itself the applicant has qualified for
set to be the Nomination Candidate of the Timorese Regency Council
South Central period 2009-2014;
9. The provisions of Article 218 of the paragraph (3) of the Law No. 10 of 2008
about the General Elections of the Representatives, DPD and the DPRD, stated:
" The candidate for the Speaker of the House, the Provincial Council and the District Council/City
as referred to in the paragraph (1) replaced with candidate from the Candidates List
5
Fixed The Political Party of Election participants in the same Election Region
based on the Political Party Decision in question;
Next Explanation of Article 218 of the paragraph (3) Act Number 10 of the Year
2008 stated:
"Article 218 of the verse (3) is quite clear";
10. The provisions of Article 218 of the paragraph (3) Act Number 10 of the Year
2008 on the Elections of the Members of the House, DPD and DPRD, are linked
with the constitutional rights of the applicant as a Member of the Party Member States
Politics of the PPDI (Indonesian Democratic Party of Democracy) in the Timorese Election Region
Central South I County South East Timor, which is de facto
The applicant has been eligible to be set and submitted as the candidate
The Member of the Union DPRD South Central Timor Regency (Evidence P-30, Evidence
P-31, Proof P-32, Evidence P-33, and Proof P-34);
11. The constitutional right of the applicant is submitted and designated as a replacement candidate
Member of the Central Timorese Council of South East Timor is guaranteed with the provision
Article 22E paragraph (3) of the 1945 Constitution, which states:
paragraph (3): " General Election Participant to elect a member of the Board
The People's Representative and Member of the Regional People's Representative Council is
The Political Party ".
The provisions of Article 22E of the paragraph (3) of the Constitution of 1945 are above being linked to
provisions of Article 28D paragraph (1) of the 1945 Constitution, determined:
paragraph (1), " Everyone is entitled to the recognition of bail, protection and
fair legal certainty as well as equal treatment before the law;
With this, the applicant as a citizen of the Republic of Indonesia Member
The Political Party of PPDI (Indonesian Democratic Enforcement Party) has the right
constitutionally obtaining recognition, assurance, protection and certainty
fair laws as well as equal treatment before the law: in
the applicant ' s perspective as a Member of the South East Timorese County PPDI
which has been qualified to be submitted and designated as the Nomination Candidate
DPRD of South Central Timor Regency period 2009-2014, but until
with this request, the applicant has not been set as a candidate
The Central Timorese District Court's replacement even though the applicant
has been established and submitted as the Bakal Candidate Members of the DPRD Member
6
South Central Timorese Regency South Central Timor Elections 2009
by the Political Party of Elections PPDI (the Indonesian Democratic Enforcement Party)
as the Political Party of the Election participants in 2009 with a Sequence Number 19 (Evidence
P-7, Evidence P-8 and Evidence P-9);
12. The provisions of Article 218 of the paragraph (3) of the Law No. 10 of 2008 on
Election of the House, DPD and DPRD in the Frasa "Permanent List Remain" in violation
The Constitutional Right of the applicant to be designated as Colon Successor
Member of the DPRD South Central Timor Regency period 2009-2014, by
because of the Election Organizing Institute 2009 (KPU, Provincial KPU and KPU
South Central Timor Regency in the process of establishing the Elected candidate
Member of the Central Timorese County Council The South that is supposed to be set
and the appointment of Central Timorese County Council Member South Central Timor
40 (forty) Member of Central Timorese Central Timorese results
General Election of South Central Timorese DRD, turns 1
(one) members of the Central Timorese Council of Central South Korea Election results 2009
which is derived from membership of PPDI (Indonesian Democratic Enforcement Party)
is not set to be sworn in, when it should be under Article 22E
paragraph (3) UUD 1945 then Political Party PPDI (Democratic Enforcement Party
Indonesia) South Central Timor Regency recognized Authorized as Participant
General Election to elect Members of the Regional People's Representative Council
Central Timorese regency South;
13. As it has been described earlier that the applicant as a citizen
a member state of the Political Party of PPDI has been qualified and has been
submitted by the DPC-PPDI Political Parties (Branch Governing Council
Party) Indonesian Democratic Republic of Indonesia) South East Timor Regency, in order to
institute of Elections organizers 2009 (KPU, Provincial KPU and District KPU
South Central Timor establishes the applicant as a Member of the Member of the Member
DPRD County South Central Timor, but KPU, Provincial KPU and
KPU Regency of Central Timor South as the organizer institution
Election 2009 by applying and/or enforcing the provisions of Article
218 paragraph (3) Act No. 10 of 2008 on Election of the DPR, DPD
and DPRD, in particular in the Frasa " Candidate List Fixed " is to be
adverse to the constitutional right of the applicant;
7
Then therefore the applicant has a legal position ( legal standing)
to act as the applicant in the request of the Test Invite-
Invite referred to Section 218 paragraph (3) Act Number 10 2008
about the General Election of Representatives, DPD and DPRD;
Ikal
The prospective member of the Central Timorese City Council is based on
the provisions of Article 52 of the paragraph (1) and the paragraph (4) Act Number 10 Year
2008 on Election Members of the House, DPD and DPRD, which states:
paragraph (1), "Bakal Candidates as referred to Article 51 are compiled in the List
Bakal Candidate by the respective political parties".
Verse (4), " The list of candidates for members of the DPRD district/city is set by
the governing political party of the district/city-level election participants ".
Ahead of the preparation of the Speaker of the House, DPD
and the DPRD of 2009, the applicant is submitted as the Bakal Candidate DPRD
South Central Timorese Regency, which is compiled in the Bakal List
The candidate by the Enforcement Party Indonesian democracy, which for next
is set to b II. REQUEST REASONS
A. UUD 1945 GUARANTEES THE RIGHT TO THE RECOGNITION, GUARANTEES, PROTECTION AND CERTAINTY OF FAIR LAWS AS WELL AS THE SAME TREATMENT BEFORE THE LAW
14. The provisions of Article 22E paragraph (3) of the Constitution of 1945, determine:
The General Election Participant to elect a Member of the People's Representative Council and
Members of the Regional People's Representative Council are Political Parties;
Next article provisions 28D paragraph (1) of the 1945 Constitution, dete Year 2009 on
Election U m u m Member of the DPR, DPD and DPRD, in relation to
Process of Establishing A Replacement Candidate DPRD South East Timor Regency,
in particular the Candidate for Replacement submitted by DPC-PPDI Timor regency
Central South is to give birth to legal uncertainty for the right of the applicant to
set as Member of the DPRD South East Timor Regency period
2009-2014; whereas the requiver of the applicant have been eligible to be set
as a Member of the Timorese Council of Representatives Middle South
period 2009-2014;
24. Secare de facto and de jure, in fact until the request
This request, then the number of seats of the Timorese Regency Member seats
South Central, which is supposed to be the Central Timorese Regency KPU
South is 40 (forty) people/members of the District Council
South Ceagraph (1) letter a, letter b, letter c
11
or the letter d has been established with the decision of the KPU, provincial KPU or KPU
county/city, the decision of pertination is Cancel By Law;
20. Against the legal status of the Member of State Council of Timor
Central South which is derived from the prospective membership of the proposed candidate
Political Parties PPDI (DPC-PPDI) as the names of the candidates
(DCT) Elections 2009; either
individually or collectively were submitted by DPC-PPDI
The South Central Timorese Regency that is under the leadership of the DPP-
PPDI with the Chairman General Drs. Endung Sutrisno, M. BA and Sekjen V. Joes
Prananto, in case legal standards has been declared invalid according to the Putermination
Supreme Court case of 15 October 2008 No. 686 K/PDT.Sus/
2008; (Evidence P-6);
Next is the KPU Decree on February 12, 2009
No. 329 /15/I I /2009 of the PPDI Member Pencoretan listed
in DCT (PoE P-27) de facto and de jure all names
Future South Timorese DPRD candidate submitted
PPDI by KPU in capacity and its authority as an institution
A 2009 election organizer is legally core/canceling legal standing
The DPRD candidate of South Central Timor Regency from PPDI as name-
name is switched to list Candidate Fixed Elections 2009 and with this
in de facto can be said that there has been a vacancy for Member of the Member
DPRD South Central Timor Regency in the Permanent Candidates List of Elections 2009
so that the Political Party of PPDI as a 2009 Election participant with the Number of Urut 19
does not include a Member Candidate The DPRD of South Central Timorese Regency;
whose urgency becomes a logical consequence in the application of provisions
Article 218 paragraph (1) letter c Act No. 10 of 2008 on
House elections, DPD and DPRD;
Whereas Internal Political Party PPDI, against membership status
PPDI whose names are named in the Permanent Candidates List
Pernilu of 2009 has also revoked its membership in the ranks
of leadership and membership of PPDI as the Political Party Election participant
Year 2009, (Evidence P-11 to the Evidence P-26);
12
21. That the follow-up consequences of the inclusion of PPDI membership in the List
Permanent Candidate (DCT) of the 2009 Elections were the publication of the Letter of KPU
South Central Timor Regency No. 154 /KPU/TIMOR CENTER
SELATAN/VIII/2009 about the Candidate Notices candidate PPDI
(Proof P-29); and subsequently followed by Decree Number
152 /KPTS/DPP/PPDI/2009 on Reimbursions of the Member of the DPRD
Propinsi and DPRD District/City of the already unqualified PPDI
being a Member of the provincial DPRD and DPRD county/city as it is already
dismissed from PPDI membership (Evidence P-28);
In order to meet the mandate of the South Central Timorese Regency Letter
No. 154 /KPU/TIMOR MIDDLE SELATAN/VIII/2009 on Notices
A prospective replacement aimed at the DPC-PPDI regency of Timor Regency
Central South, including Amanah DPP-PPDI Chairman of the General Chairman H. Mentik
Budiwiyono and Sekjen Yoseph Williem Lea Wae addressed to the Pengurus
DPC-PPDI of South Central Timorese; then Applicant as a citizen
country Eligible members of the PPDI Political Party are set and
are submitted as candidates for the Central Timorese Council Member Council
South by Penggurus DPC-PPDI Regency de jure submitted as
Candidates South Central Timorese City Council replacement based on Surat
DPC-PPDI South East Timor Regency dated 27 May 2009 Number 031/
DPC-PPDI/TTS/V/2009 on Application Recommendation Successor
Member of the Council of TTS Regency from the 2009-2014 Period addressed to
Chairman of DPD-PPDI Province of Nusa Eastern Southeast and stews to the DPP
The Indonesian Democratic Enforcement Party on 27 May 2009 (Evidence P-30);
21. Under the terms of Section 52 of the paragraph (1) and paragraph (4) of the Law Number
10 Years 2008 on the Election of U m u m Member of the DPR, DPD and DPRD,
which determines:
paragraph (1):
Bakal Candidate as referred to Section 51 Set up in the list
Candidate by the Political Party of each;
paragraph (4):
The list of Governing Candidates of the Regency/City is set by the Manager
The Political Party of the Election participants. district/Kota;
13
Then the follow-up to the assignment and submission of the Member Change candidate
South East Timor regency is based on the DPD PPDI Letter
East Nusa Tenggara Province dated 31 June 2009 Number 057 /DPD/PPD/PPDI/
IN/VII/2009 on Prospective Approvals (P-31 Evidence), Recommendation
Number 0 0 4/DPD/PPDI/REKDM/VII/2009 on Submission Recommendation
Replacement Candidate (Evidence P-32); DPP PPDI Number 072 /DPP/PPDI/
Ex/VII/2009 on the PPDI DPP Recommendation of Selected Candidates Reimbursed
Members of the Central Timorese DPRD period 2009-2014 (Evidence
P-33); As well as the Inauguration Support Letter to Sefriths Brother E.D. Nau
(applicant) as Member of the Council of Central South Timor Regency period
in 2009-2014 (Evidence P-34);
22. That background is published in the Central Timorese Central Regency Letter
South on August 10, 2009 Number 154 /KPU/TIMOR MIDDLE
SELATAN/VIII/2009 on Cancellation Of The Filing Of Prospective Replacement Candidates
Members Of The PPDI (Evidence P-29); is based on the Decree of the KPU dated
12 February 2009 Number 329 /15/II/2009 of the Member of the PPDI Seekers that
is listed in the 2009 Elections (DCT) Elections (Evidence P-27); so
thus the phrase "fixed list of candidates" as stated in
provisions of Article 218 verse (3) Act Number 10 of the>; which in principle cancels the Break
South Jakarta District Court in case a quo about legal standing
DPP-PPDI Chairman of the Drs. General Chairman Endung Sutrisno, M. BA and Sekjen V. Joes
Prananto, in casu;
19. Principle of fact filing Bakal Candidate Member of Central Timorese Regency
South submitted by Political Party that Legal Standings
according to Law (vide Putermination of Cassation on 15 October 2008 No. 686
K/PDT.Sus/2008) is synonymous with Bakal Calon a member of the District Council
South Central Timor period 2009-2014 was due to the whole
future South Timorese District Council candidate for the Republic of Central and Central Timor. derived from
PPDI membership has revoked its membership based on KPU Instruction
17
delivered to the South Central Timorese Regency and for
next followed by the submission process of the DPRD Member Change
South Central Timorese Regency of the Nomination of the Candidate PPDI In question;
30. If the next South East Timorese district KPU is past
set out candidates for the Central Timorese Council Member
which has been revoked by its membership of the PPDI and prospective members of the DPRD
Central Timorese regency South, then by itself the KPU Regency
South Central Timor, as the General Election Organiser of the Year
2009 has performed inconstitutional actions by even if with
various arguments for reasons for using the term "rehabilitation"
any reason arguments are also fixed it is an unconstitutional deed
by none of the articles or verses in Law No. 10
The 2008 Year of the Election of Representatives, DPD and DPRD which
lists the "exclusion phrase" to establish candidates Replace
DPR members, Provincial DPRD and County DPRD which have been shown to be not
eligible to be specified as Representative, DPRD Provincial and DPRD
Regency until it has been revoked by its membership in the Permanent Candidates List
Election 2009;
31. That with the facts as described above have been
called or cancelled all the candidates for the Timorese Regency Council
South Central, from PPDI membership in "Candidate List" Elections
2009, whereas In fact, the result of a valid vote count of the election of DPRD
South East Timor Regency results PPDI Regency Regency Regency
Central with No mo r Urut 19 has been legally awarded 1 (one)
the seat of the Member of the District Council of District South Central Timor Regency that must
set and be inducted in membership DPRD Central Timor Regency
South a quo, then it is no longer guideline on the terms of the phrase
"The List of Fixed Candidates" as stated in the provisions of Article 218 of the paragraph (3)
Act Number 10 of the Year 2008 on Elections Members of the House, DPD and
DPRD, so that if it is constitutionally possible, mean no
there is another barrier to the guaranteed constitutional right
under the provisions of Article 28D paragraph (1) of the Constitution 1945 referred to:
18
IV. CONCLUSION
32. The provisions of Article 51 paragraph (1) of the letter a Law No. 24 of 2003
on the Constitutional Court in conjunction with the plea
The applicant as a member of the Indonesian Member of the Political Party of PPDI
was harmed by the prepared for the provisions of Article 218 paragraph (3) of the Act
No. 10 Year 2008 on the General Election of Representatives, DPD and DPRD
is the authority of the Constitutional Court of Justice in accepting
and checking the request of the applicant this;
33. If the provisions of Section 218 of the paragraph (3) of the Law No. 10 of 2008
on the Elections of the DPR, DPD and the DPRD, along about the phrase "Candidates List
Fixed" and the phrase "The Same Election Area" is not binding
against the applicant process as a Member of the Assembly Member
South Central Timor Regency then there is no longer
the impediation for the applicant to meet the constitutional rights demands
The applicant in establish the applicant as a Member of the District Council
South Central Timor;
34. That the Terms of Section 218 paragraph (3) of the Law Number 10 of 2008
about the General Election of the DPR Member, DPD and the DPRD are in no way have
binding powers against the Applicant's Redemption process as Members
DPRD County South Central Timor, then against the provisions of Article 218
paragraph (3) Act No. 10 of the Year 2008 should be formulated,
as follows:
" Speaker of the House, DPRD Province and DPRD district/city as
referred to in paragraph (1) replaced with Candidate of the Political Party Election participant
based on "Political Party leadership's decision is concerned".
V. PETITUM
Based on the things that have been described with the applicant's request, and
the evidence is attached, with this the petitioner --- REQUESTING -- to the Court
The Constitution, in order to please allow the verdict, as a result of the decision. following:
1. Accept and grant the applicant's request entirely;
2. Stating that the provisions of Article 218 of the paragraph (3) Act Number 10
In 2008 about the Election of Representatives, DPD and DPRD throughout
19
concerning the phrase "Permanent Candidate List" is contrary to the 1945 Constitution
in particular Article 28D paragraph (1) of the 1945 Constitution;
3. Stating that the provisions of Article 218 of the paragraph (3) Act Number 10
In 2008 about the Election of Representatives, DPD and the DPRD, along
concerns the phrase "The Candidate List" has no legal force
binding with all due to its laws;
4. Ordering the loading of this ruling in News of the State as
should be:
OR
If the Constitutional Court argues otherwise, the applicant pleads the
as well;
[2.2] Balanced That for Corroborate the control, the applicant submitted
a letter/written proof given the Proof of P-1 to the Evidence P-40 as
following:
1. Proof of P-1: Photocopy Act No. 10 of 2008 on
General Elections of the People's Representative Council, Council
Regional Representative, and the Regional People's Representative Council;
2. Evidence P-2: Photocopied Act No. 2 of 2008 on Party
Politics;
3. Evidence P-3: Photocopy Card Members of the Democratic Party of Democracies
Indonesia and the Population Tag Card a.n Sefriths E.D. Nau;
4. Proof of p-4: Photocopy form model b of the submission of prospective members
DPRD county number 007 /DPC-PPDI/TIMOR CENTER
SELATAN/VIII/2008;
5. Proof P-5: Photocopied Copy Number 988 /PDT.G/2008/PN-
JKT.Sel;
6. Evidence P-6: Photocopy Of The Supreme Court's Consent Notice
Number 686K/Pdt.Sus ./2008;
7. Evidence P-7: Photocopy Form Model EB DPRD Kab/City News Event
Number 114 /MIDDLE EAST TIMOR/V/2009 on
Redemption of Election Results, Party Seat Acquisition
Politics of the General Election Participant and Prospective Requirement Selected
20
Member of the Regional People's Representative Council of Timor Regency
Central South Election Year 200Candidate List" is omitted, then
the relation to the phrase formula "The same constituency" is
is fixed (constant) or unequivocal meaning of the meaning of
how to assign a Candidate for the Political Party by based
in the same electoral region referred to;
Nevertheless that is de facto one member of the DPRD
South East Timorese Regency results The election of U m u m in 2009 from
PPDI is the constitutional right of the applicant as a Member of the Poiitic Party PPDI
which had been qualified as9;
8. Evidence P-8: Photocopy Form Model EB 1 DPRD Kab/City Count
Voice and Designation Acquisition Political Party Seats
General Elections Of The Regional Representative Council
District/City In The 2009 General Election Province
East Nusa Tenggara, South Central Timorese Regency,
South Central Timor Selection Area 1;
9. Evidence P-9: Photocopy Form Model EB 3.1 DPRD Kab/City List
Elected Member of the Regional People's Representative Council
General Election Year 2009 Central Timor Regency <