Key Benefits:
VERDICT Number 59 /PUU-VIII/2010
FOR JUSTICE BASED ON THE ALMIGHTY GOD
CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA
[1.1] Which examines, prosecuting, and severing the case constitution on
first and last level, dropping a ruling in the case of Plea
Testing of Law Number 4 of the Year 2004 on Justice Power
and the Presidential Regulation No. 11 of 1959 on the Oath of the Office Employee
Civilian and Member of the War Force, as well as other Acts
in particular that governs regarding oath/appointment of office against Invite-
Invite the Basic State of the Republic of Indonesia in 1945, submitted by:
[1.2] N a m a: I. Made Sudana, S.H.;
Place, Date of birth: Payangan Gianyar, May 1938;
Work: Retired Civil Service Officer;
Citizenship: Indonesia;
Address: Gandapura Gang IB Number 1
Denpasar East Bali;
Next is referred to as ------------------------------------------------ Applicant;
[1.3] Read the request from the applicant;
2. SITTING MATTERS
[2.1] In a draw that the applicant submitted a request with a letter
an application dated 25 August 2010 registered in Kepaniteraan
Constitutional Court (hereafter called the Court of Justice) on
30 September 2010 registration Number 59 /PUU-VIII/2010 yang
2
outlines the following:
The applicant is as a citizen of a retired Indonesian employee
The Civil lands applied for a Test Act against the Constitution
1945 in accordance with the provisions of the Law. Article 4 of the Constitution of the Constitutional Court Number
06 /PMK/2005 of June 27, 2005 with the subject matter will
describe its application of rights and/or authority
its constitutionality as referred to in Article 51 verse (1) Law Number 24
The applicant is a party that considers the right and/or
its constitutional authority is harmed by the enactment of the legislation between
another Act No. 4 of 2004 on Special Justice Power
Section 30 of the paragraph (1), paragraph (2), paragraph (3) of the oath/appointment of the office, Similarly
Other laws specifically with respect to the section set about
the appointments/appointments of the office were also arranged with the Number 11 Perpres
In 1959. For such a case the applicant will seek to outline with
clearly in his application of the rights and/or its constitutional authority
(as described in Section 51 of the paragraph (2) Act Number 24
Year 2003) and The applicant will attempt/decipher the work/mandatory
outline what is referred to in the paragraph (2) above as
described in paragraph (3) as follows:
a. "the formation of the legislation does not meet the provisions based on
The Constitution of the Republic of Indonesia Year of 1945" and/or;
b. "charge material in section verse and/or section of legislation is considered
contrary to the Constitution of the Republic of Indonesia
1945";
as for the reasons for the applicant to decipher matters of the Republic of Indonesia, the "
". the above
is as follows:
1. That the Opening of the Basic Law of the Republic of Indonesia Year
1945 also serves as the declaration of independence of aari (Decleration of
hviependence) Indonesia is composed of 4 (four) alenia that are pertinent
among others as follows:
3
The Third Alenia:
At the grace of God Almighty and by being pointed out by desire
sublime, in order for a free national life then the Indonesian people
declared with this its independence. The third Alenia contained
the statement of independence of the people of Indonesia i.e. the embodiment of the proclamation
independence. This third statement asserts that it is not as if the result of a mere human effort but
by virtue of the grace of God. Furthermore, in the fourth alenia
among others are elaborated: Formed in an array of State of the Republic
Indonesia that sovereignty of the people based on the Godhead
The almighty, fair and civilized humanity, Indonesian unity
and credence led by wisdom wisdom in
a representative deliberation as well as the realization of a social justice for
the people of Indonesia;
2. But how does the implementation of the religion be applied in
laws not yet clearly defined/except as to
the appointments/appointments as set out in Article 9 of the 1945 Constitution are
before taking me on. The President and Vice President have sworn
according to religion or in earnest in the presence of the Assembly
The Consultative People or the House of Representatives as follows:
The President's Oath (Vice President) " For God I swear I will fulfill the obligations of the President of the Republic
Indonesia (Vice President of the Republic of Indonesia) with its best and
adieu holds the Basic Law and runs
all laws and regulations with all its clear and filial
to Nusa and Nation ";
The President (Vice President) " I promise that the real will fulfill the obligations
President (Vice President of the Republic of Indonesia) with his best and
in its fair hold of the Basic Law and running
legislation and its rules with all-clear as well as filial
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to Nusa and the Nation ";
Oath/appointments the President/Vice President above will only include the rules
which is written only, but the unwritten rule has not been revealed in the section
above. So in the formulation of the oath/the promise is not mentioned
where the oath/appointment is exercised in a vow
contains a sacred nature so that the proper place is
the shrine, for example. Mesjid, Pura, Church and others such as
the execution of pocong vows in Java is in Mesjid, the execution of the oath
cor in Bali is in Pura. Therefore, the execution of the oath
in the rules of execution clearly described including pastu (sanction) or
kutuk of God Maha Esa;
3. That the promise of this office above contains a very broad meaning
creates the underlying points of mind contained in the opening and
the provisions of the 1945 Constitution. These points of mind embody ideals
the laws that control the basic laws of the state both written laws
(Basic Law) and unwritten laws and are short
and supel, so it only contains the underlying rules only include a hokum that
is not written and the rule that organizes such principal rules
is submitted to the laws and other implementation rules. Which
easier the way to make, change and repeal and execution
the oath is performed/done in an unwritten way/lisan;
Similarly in conjunction with the oath/appointment of the post is connected
with The word of an oath is a matter of truth with the wisdom that
delivered or spoken at the time of oath or promise or
a description that binds the power of the Almighty God and it is believed
untrue caption (lying) will be sanctioned
(pastu) is The curse of the Almighty God;
4. That the oath is in some sort of nature that exists that
differs between one with the other as set in
legislation and held in Perpres Number 11 of 1959;
4.1 Oath of office It's an oath spoken by someone at the beginning.
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serves a post before being sworn in for an oath based on
Act No. 4 of the Year 2004 in which in Section 30 of the paragraph (1),
paragraph (2), and paragraph (3) set about the oath of office, also in
some other legislation among its pasts also governs
the oath of office, including Law Number 24 of 2003
on the Constitutional Court in Article 21 of the paragraph (1), paragraph (2), and paragraph
(3) set about oath of office including Perpres Number 11 Year
1959;
4.2 Oath in conjunction with The trial may be:
-The witness oath in the criminal case as set out in Article
76 KUHAP;
-The witness oath in the civil case as set in section
1866 KUHPerdata;
-In addition to Witness oath in criminal and civil matter
Also known by oath regarding the verifiable proof
of the vow of pentus and additional oaths (Article 177 HIR as well
Article 1932 BW);
As for the oath It's above having an understanding.
An oral statement corroborate in the name of God. with the goal:
-For the person to swear in giving that statement
fear of the wrath of God if he lies;
-Fear of the wrath of God or the sanction of God, considered
the driving power for which vowing to clarify
that is correct and also as described above;
In the preword of the oath of the officials explained
that the spoken oaths are of the responsibility
answer to the nation and country of the Republic of Indonesia;
The responsibility of nurturing and save Pancasila and the UUD
1945, as well as responsibility for the welfare of the people, this oath
beside the witness by yourself (who is sworn in) and by all
present in the sprinklers is also the important one once realized
6
that this oath is witnessed by God Almighty, because God
it is well known;
Man can only know from words and deeds
someone but God knows what it looks and what that
hidden in the self of a sworn person. God knows
both of which are spoken and what is versed in the heart that
is sworn in (including what is being made by the sworn in
running his task) and to God that is the end of the line
The answer will be provided. Next the sworn imitate of the greeting
scurred;
Thus they-those who swear to follow
the purpose of the oath as described above. Regarding the greeting
oath by such persons above both as an official, as
witnesses in criminal and civil matters, nor of the greeting
the vow of bleaching or an additional vow is clearly intended to be
with The destination for the person who swears in
gives her statement it fears the wrath of God if
lies;
In the oaths of the oath above just the oath
the office did not mention sanction (pastu) does not mention
its willingness to receive sanctions (pastu, kena kutuk/laknat) from
God if lying/breaking his vows;
Based on the description of the applicant above, the applicant as a citizen
the Indonesian state applied for testing the Act
against the 1945 Constitution in particular set about oaths as
described above. As described in Section 4 of the Regulation
Constitutional Court Number 06 /PMK/2005;
(1) Statutory Testing Requests (special regarding oath)
includes formyl testing and or material testing;
(2) Material testing is testing that pertains to the charge material
in the paragraph, section and/or section of the legislation
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with the charge material in paragraph, section, and or section of the legislation
which is considered to be contrary to the 1945 Constitution;
(3) formyl testing is the testing of the legislation in the process
formation laws and other things that do not include
the material testing as referred to in paragraph (2);
5. That in conjunction with formyl and or materiel testing
with respect to the oath of office is connected with the oath of the witness
in the court case despite the discregations, there is a equation
where on the oath of office is in connection with the oath which
uttered by an official as the new will be sworn in to hold
a certain office, being sworn witness here is a spoken oath
by a witness when it will deliver description in advance of the hearing
the court is good in both civil matter and in the case criminal.
The perjury of a vow spoken either by an official who would
be sworn in and by a witness in the trial is equally
pronounced before the official was sworn in and running his duties
For a sworn witness is given before the witness gives the description
in the trial in advance of the judge with the aim of enforcing honesty/
the truth;
Only on the oath of the oath there is a distinction in
the pronunciation:
-The oath of the office of Civil Server (and other officials moments before
on duty was sworn in as a notary, advocate). The contents of the Oath were pronounced
with Presidential Regulation No. 11 of 1959 on the Oath
The Office of Civil servants and members of the War Force is the oath
which was spoken by a civil servant official in accordance with the
provisions of Article 2 are as follows:
Oath of the civil servant office: "For God's sake I swear" (for Muslims) "Om attah Prama Wisesa"
(for the Hindu) " That I am, to be lifted at this post
either directly or indirectly with the likeness or Whatever.
8
not giving or nodding will give anything to anyone
also ";
" That I will be faithful and obedient to the country of the Republic of Indonesia;
That I will be holding a secret of something that by nature or
according to my own hams command;
That I would not accept a gift or a grant of anything
only from anyone I know or should be able to think that he
has the pertinate or may be concerned with
my post or job;
That in the running of my post or job, I am always
will be more interested in the interests of the country than in my interest
alone someone or group;
That I will always uphold the country's honour,
the government, and the civil servants;
That I will work honestly, orderly, meticulously and spirited to
interests Country ";
But Act No. 4 of 2004 on Power
The judiciary in Section 30 states:
(1) " Before the appointment of judges, panitera, replacement panitera
and the bailiff for each of the mandatory judicial environments
pronounce the oath or promise according to Religion ";
(2) The oath or appointment of a judge as in paragraph (1) reads as
following:
Oath: " For God's sake I swear that I will fulfill the obligation
the judge is with his best, holding resolute in 1945 and
run all regulations
align it according to the 1945 Constitution as well as filial to nusa and nation ";
Promise: " I promise that I sincerely will
meet the judges ' obligations with It's as good as it can be.
9
holding firm UUD 1945 and running all regulations
laws with all-clear according to UUD 1945
and filial to nusa and nation ";
(3) panitera, replacement panitera or bailiff
is as arranged in the perinvite rule-
invitation;
Similarly other legislation in one of its pasts
set about the oath, the sound of the rules is in agreement with
Article 30 of the Law Number 4 Year 2004 about Power
Judiciary and or Perpres Number 11 of 1959. It was not so that
about the perjury for witnesses in a court hearing. Which is clear
revealed in the Hindu witness oath at the Court of State in Bali
called Ari Cendani's oath which he has written as follows:
" Om installer upe witness among apui katiba ring .... (name
sworn in) Solih nie upe the true metuiic witness can be nie sane
kauniayang ring ajeng civil court ....
yan tuhu upe witness tiniba metemahan mertha dhirgayusa wet aurip yan
angawe-ngawe set tuhu upe witness tiniba metemahan wisie sinuput denire
The Hyang Hari Cendani, Astia Brunaha Bruhati kadi we umili lare meet
nie sticky deniu deniu Resi Shiva Sagata "; (quoted from Makalah written
Ida Bgs. Putu Madeg, SH.MH. Legal Practice, State Court Judge
Denpasar)
Her free translation: " This oath is addressed to (the name of the person
sworn in) if a witness says right in front of a court hearing
Country, witness will find happiness and long life. If
the witness says lie, the witness will find the misery, the curse
of the Almighty God is always in the misery ";
In the development now in the witness say
the vow that is impersonation of a witness in which
leaders of the Assembly or Judges are appointed with " Om attah
Prama Wisesa, I as a witness will explain the correct ones other than
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rather than the untrue ". If compared to the oath of office
as described above with the witness oath at the court hearing
while equally pronounced before running the job is
that officials are running the assigned task To him, on
a witness before giving his interest in the face of the hearing but
the execution of his oath despite being equally stressed honesty
is different from where the oath of office of civil servants and officials
others who I swear to God, there's no reclking of it. It's a curse from God Almighty. Esa) or be caught up in violation of
the oath is dishonest or breaking the oath in the running
of his duties. Not so with the witness oath in the hearing
the court, if the witness is dishonest in giving testimony, witnesses
utterance of the pastu/kutuk from God Almighty (yan
angawe-ngawe set tuhu Eyewitness accounts of the mathematical teniba wesie sinupat denira
The Hyang Hari Cendani, Astia Brunaha Bruhati kadi we umili lara katemu
nie tan kasupat dinire Resi Shiva Sogata) such a sentence is above
which is pronounced in the oath of witness not found/elaborated in
oath of office of the civil servant Civil/officials sworn in
running his duties. In the event of a negeri/official's oath of employee
who was sworn in to perform the task above the applicant
argues that the applicant is entitled to and or authority of the constitution
The applicant given by the Constitution of 1945, so that it may be a matter of time. The applicant argues
the rights and or the authority of the applicant are considered to be harmed by
the enactment of the Number 11 Act 1959, Act Number 4
in 2004 on the Power of Justice in particular Article 30 of the paragraph (1),
(2), and (3) nor any other Act that is one of its pasts
set about the oath, For according to the Applicant Pronunciation
the oath, which is supplemented by the sanction of the pastu, is cursed, the lacnat of
The Almighty God is the potential as it is in
the witness of the witness at the Court of Justice which contains the sanctions. from God if
a witness violates his oath. And so did I swear.
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as it is on top of the vow of bleaching and or the oath
there is clearly a sanal for its execution in Mesjid, Pura,
Church, Kelenteng, and lains/or in the holy places which
hospitality. So an oath set in legislation
Indonesia only the oath of office of the civil servant and the oath of officials
others in the run of tasks that require the sprinklers not
accompanied by pronunciations of his or her own. (The pastu, the curse) of
God) if he breaks the oath. However, curiously, before
the decoding of the officials by his superiors at the time of the official inauguration
first (to be sworn in Hindus) as described in
the title of the Book of the Outcomes Of Pamman Sulinggih Parisadha Hindu Dharma
Indonesia Province of Bali in 1990 to 1998, where in
page 2 of the book in figure 2 outlining the Umpingers
Civil servants, (according to Hindu teachings);
In the clerk of the staff The civil war was meant to be the
other officials who were in the run. its duty is sworn in first
before being inducted like a notary, advocate and others. When in
carry out the oath accompanied by a companion cloud/
saksi/amplifiers;
a. Sultry
b. Walaka
Basically the authority is confirming/accompanying the oath
is the sultry (priest);
A. The disclaile/disactored/was confirmed by Sulinggih
is implemented as follows:
The religious event was conducted prior to the official event of the oath taking oath
by authorized officials taking the oath at the office which
concerned. The place of execution in front of the pelinggih (Padmasana
in that office or other places) is provided;
The execution of the reinstatement covers the ceremony,
The means and the mantrams are the execution of the ceremony. Includes:
12
a. The means of ceremonies provided are peras, daksina, ketupat
kelanan, ajuman/sodan and canang sari;
b. The order of the ceremonies includes execution as described
in the order of execution of the civil servants that
describe from page 3 of the letter b to page 7 of the number 12 (photo
copy attached from the book) above the B mark);
Among others from the order of execution of the vaporization
in number 9 of the sequence above are deciphed: "Nguncarang
Cendani Day"
Mantra:
" Ong atah Hyang Parama Wisesa, Ong beautiful ta kamung Hyang Hari
Cendani, Agastya Maharsi, we prasidha rumaksa Rahina wengi,
anodyani wwang angupa witness mon yan my aunt bener her rejection
pastu dinire, amanggih miserable ndan, her sewalik yan tuhu was right
uid is sadya ring rahayu ";
Translation free:
" Oh Yang Widi Almighty and Maha Power, O Sang Hyang
Chandani Hari (prabawa Hyang Widhi as witness to the deed
the creature) as well as the Maharsi Agastya who is the odyser
the creature during day and night as well as a witness to him
(them) I swear. If it is not done
teach it (they) suffer the suffering that it does not break up-
breaking up like running water. But if everything is done
hopefully he/they have happiness and succeed in
his work ";
Upon completion of the ceremony according to the Hindu faith
it (for the Hindus) was just executed the current clover
will be inducted in the cantomya which
swears by the oath as described and
Perpres Number 11 Year 1959 and Act Number 4 Year
2004 on Power of Justice as set in
13
Section 30. Similarly, it is set in other legislation
that specifically set about the oath. Clearly in Section 30 of the paragraph
(1) The Act No. 4 of the Year of 2004 is described
among his or his or her religion's oath
whether swearing as described in Section 30 of the paragraph (2)
" The Judiciary is in accordance with the religious teachings of each
adherents of religion in Indonesia. The applicant is what described
in the sections of the Act governing the
oath, not yet in accordance with the religious teachings of the 'oath' only in order to do the honest work
with a statute order but do not set if
violates his oath. As with the vow of reinstatement in
the Hindu religion for the Hindus is sworn in as
described above the petitioner swearing in religion
others also emphasize the sanctions if the official violates
vow to match the pocong vows in Java and
cast vows in Bali in addition to as described above. Difficult
it is understandable how the reinstatement of the oath gives
sanction (installer) or kutuk to the swearing oath,
when breaking the oath (for Hindus), but the official oath in
the office is sworn in by his superiors spoken and inculed by which
swears does not contain pastu/sanction for swearing that
violates his oath, so according to the Applicant Statute
that set about the oath is detrired to
expiring laws governing the oath that
not outlining the sanctions That. Such constitutional losses
a potential that according to reasonable reasoning can be guaranteed
there was an exercise of pocong vows in Java and a cast oath in Bali
which has traditionally been implemented is implemented. in
the holy place of the religious adherents concerned at the Mesjid
14
and in Pura;
The oath of oath is carried out by the holy man (Ustad/Kiayi
for the Islamic, Sulinggih (Reverend), for which
the Hindu) and the exercise of the oath with the ceremony appropriate
with the tradition of execution of the oaths of the ages
first;
With the execution of the oath so that the applicant is sure and
believe (because it concerns the trust) will carry
as a result of the swearing It's good to be a curse from
God if it violates his oath and vice versa. will
gain happiness for those who comply with the contents
the vows;
Being in the execution of a vow of bleaching by the Assembly of Judges
another again. In the event the ruling of the assembly will pronounce
its verdict with the vow of bleaching for Hindus in Bali
its implementation with the oath of cor, the assembly of judges addressing
the case with the oath of the cast first. issued
injject ruling rejecting the verdict request with
oath of the cast, if the technical requirements specified for
cast vows are not met or the judge will grant
cast oath request That is, if the terms may be
are met;
If the requirement is fulfilled, then the sela verdict contains the
things as follows:
a. Stating that the oath is an oath that
determines and resolve the case (litis decissoir);
b. Give permission to the party that will pronounce the oath
in place, day, and time defined in
the ruling in which the sentence is specified;
c. Suspending the verdict on the cost of the matter until the verdict
end;
15
Next is performed the perjury on the date and
the predetermined place with which
has been determined first and the sprinklers are led by
a sulinggih/pendeta/cleriawan;
The oath which has been pronounced in that injunction
then poured by the judge in its verdict to
determining the content of its verdict;
So in terms of the vow of bleaching and of the oath additional,
vows are uttered only once, then in a later vow
in a state court ruling. No.
as in the oath of office, this oath is twice
carried out (for Hindus in Bali) the oath at the pura
(Padmasana) with his religious ceremony led by
Sulinggih (spiritual) then in the office that would say
oath by being led by his superiors. When it will be reconstituted
utts an oath in Indonesian it is held by
who utts the oath and further continues with
the inauguration. But the oath uttered in the office is not
accompanied by the forlorn (kutuk/laknat) of the Almighty God
if that uttered the oath later in
exercising his duties violates his oath;
Another more witness oath in the case of civil or in
the criminal case at the court hearing that
is directly led by the Chief Justice or judge who
was appointed to carry out the oath. Whether or not the witness oath
that does not deviate from their respective religious teachings
swearing, however, it is also an oath of execution according to
the tradition of execution according to religion is led by a spiritual spirituist that
authorities For that matter with his religious ceremony at the shrine, which
utts the oath even though the ceremony can be simplified
according to the spiritual clues, for example in every manganese
16
A hearing for the Hindus in Bali there is an escape/place
placing the sefood and in any trial
the pelted is placed at the minimum of the existing daksina
the incense was turned on. In conjunction with which
leads the execution of the oath not to violate religious teachings
in the acceptance of a candidate the Judge is also on his religious teaching
and at the inauguration as a judge beside being sworn in
According to his religion, his religion
each so that a judge would qualify
in addition to the jurist as well as the saint (spiritual). Is n' t
a judge is running a duty upholding the sanctity/
truth so that the sanctity/truth can only be enforced in
under the leadership of a holy person who will clearly be more reflected
the wiseiness;
The implementation of the oath as it is carried out now is good
the oath of officials and witness oaths still elicits the impression
of origin. Let alone a witness oath to Hindus in Bali only
by saying "attah, Prama Wisesa", witness already
there is a third party influence should not be afraid of breaking
the oath;
Despite the oath by the oath Press Number 11 of 1959
above and under the Act No. 4 Year
2004 on the Justice Power Article 30 and other legislation
other one of its pasts also set about the oath
in the implementation of the religion as
described above as well as the the place of the oath of oath
nor the one that led the sprinklers. Cause
as the applicant is raised above the oath of oath/
the oath of oath appears to be carried out by the saints
concerned religions such as Ustad/Kiayi Islamic religion,
Sulinggih (Reverend) in Hinduism It's a spiritual, isn't it
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by carrying out oaths, similarly
the execution of the oath is the sacred place of the religion that
utts the oath in this case for the bergama
Islam, pura for the religious The Hindu which is
is ramised that is not lost in importance, the execution of the oath
is according to the show/ceremony of the religious adhering that
utts the oath. Those things above for more
reassured that the execution of oaths is more solemn and more
assured and the public considered it more earnest
guaranteing a person who swore an undaring lie.
The implementation of this oath has been in the same tradition as
with the culture of the Indonesian people. But in the oath of office
according to the Hindu religion it is like twice the umpster
that is the vow of vows with the Hindu ceremony/ceremony in
Pura is confirmed by a sulswoman by the vow
there is a pastu/sanksi/kutuk of the Almighty God for which
violates his oath, then is held with
the sprinklers in an office led by the
vows, but his vows are like
described in Perpres Number 11 Year 1959 and Invite-
Invite Number 4 Year 2004 Article 30 and other Act
specifically set about the oath of officials not setting sanctions
for the breaking of the oath;
In the cloaking of the post were duly sworn (for
that is Hindu) The best said in the statement
The vows led by the sultry in pura (padmasana) nor
which are spoken at the office in a place led by the leadership
who uttered the oath should be the same and by
Because the head who utts the oath is not a saint
(spiritual). Does the oath of office be valid according to the teachings
religion? I would say that the oath of office should be.
18
adjusted for the bleaching oath (cast oath in religion
Hindu);
6. The promise as outlined above his goal is to
uphold truth and honesty, one way to reduce
the ultimate crime of bribery/corruption causes for officials who are when sworn in
pronounce The promise that there is a saint or a curse from
God Almighty a little much will make the official will
think twice about committing the crime/corruption considering the sanction/
kutuk upon oath To befall him if he breaks the The oath
which is spoken in its holy place with the perjury-
is carried out with a religious ceremony which has been held in a tradition that
with the oath of cor in Bali and the pocong vow in Java is still true-
is strongly believed by most of the Muslim community in Java and
Hindu society in Bali. An example in Bali in the election
Gubemur as there is a money issue of politics for the nomination of Gubemur and
by the members of the DPRD dozens of years ago as outlined
in one of the daily one's reporters interviewed someone
sulinggih Ida Pedanda Gede Bang Hunted Manuaba now deputy chairman
Dharma Adyaksa PHDI Centre how to address money politics
may be going on, Ida Pedanda suggests implement
Pura Besakih for Gubemur and Wakaken candidate and member of the DPRD
will select it. In a subsequent journalist interview with the Chairman of the DPRD
Bali Province on the matter of the oath the Speaker was very
supported if the people wanted it and continued with the interview
about 6 members of the DPRD who were also with enthusiasm stating
its approval but in fact the oath of office to be carried out in
Pura Besakih is not a manifest either because the Chairman of the DPRD nor
its members who got the interview did not pemah delivering
advice the Reverend, in the DPRD Forum as a representative of the people why
So, of course it is predictable by the general. This is the oath
The temple is by a spirituist to the Hindu community.
19
Bali is believed to be true to negative or positive for
who utts the oath;
7. So that according to the applicant needs to be held in unison with the oaths, the place of swearing, the sprinklers, and the ceremonial sprinklers, in order to fit it in
true to the religious doctrine, especially in this adult situation.
The death of corruption is the corruption of the law. in Indonesia even until it is said corruption has been
grounded and Indonesia pemah gets the title of corruption state in Asia
Southeast. A very sad and disgraceful thing though
This adult is already with the eradication of corruption with
in the form of bodies such as the KPK, Legal Mafia Eradication of the Law
and others, however. Corruption and other crimes remain rampant. In
the relation to the oath/appointment is not only the official word that
is already sworn in, as well as the crime of bribery, whether in
neither the amount nor the kwalitas are enlarged, developing violations in the
highway (peaceful fine), weight bridge, gambling, mail business, pungli and
Iain-others expanded to include the use of service vehicles for
the needs of the family/group at all costs from gasoline to
repairs when damaged by state, service trips are already financed
The country is also in the place where all is financed by accepting the
officials at least by the area are financed again for service so that the cost
the state of the center all goes into the pockets of the official. For
addressing any such leakage is already being increased-
increased means of infrastructure, education, work enhancer exercise,
administration forging and implementation of increased discipline but
Everything has not yet provided adequate results. If in eradication
the bribe/bribe or at least to reduce the amount
is not losing the importance of a vow of good oaths, execution, execution, leadership, and the number of unannounced perforations. the oath of oath
nor the string of ceremonies to be completely executed
in accordance with the tradition of performing the presentation ceremony according to their religion
each as described above incur a special atmosphere
20
and the khikmat as well as sacred times when the sprinklers are performed;
Among those officials who broke his oath due to the absence of
the sanksi/pastu/lacnat of the spoken Lord could be interpreted wrong
with guidelines on the teachings of God is merciful and merciful
the error can be forgiven with his yadnya, punia, alms, and others. In
the thing in Hinduism is known as the Karmapala Law which can be
is said to mean what it does/work is done so anyway
but this adult carmapala law has become a lip decoration alone for
most of the officials, due to shifting way of life and thinking to be
individuals and matrial;
8. Despite the promise of the officials as described above,
duly set oaths for candidates for civil servants, ABRI, Polri
and other prospective officials time will be in testing to be sworn in
first includes candidates for advocates, notaries, and others, when testing
not to affect, giving officials and or parties
who carry out testing or who are involved in the testing. Similarly,
officials involved in the implementation of testing even if at the time
The inauguration was sworn in to be sworn in again with an oath that
has been narrowed to more guarantee of his honesty in the run
his duty even the oath could be uttered any official already
sworn in on the exercise of his essential duties and or
that would issue a large fee not only with the tender,
even The one that wins the tender is sworn in.
The tenderya is not. Leaks, but also
where it's established with an oath as well as Court Justice
to the Supreme Court level in any pronunciation
always begins with " For the sake of God Almighty.
Esa ", sentencewhere it should be added again " We are the Assembly of Judges in deciding
this case when deviating from truth/honesty is willing to be
kutuk/laknat of the Almighty God ". Similarly to any dependents
answer APBN and APBD and the ranks involved in response
21
APBN and APBD to be sworn in while being sworn in.
is sworn in by its religious teachings
each, even if it will take longer/
length because each member of the agency involved saying
vows there are different religions and that according to Hindu religion can
an emergency place (emergency pelinggih with wooden dadap). Author
predicts in any APBN/APBD response may be presented
also fictitious data and or false receipts in surpassing the dependents
answer for example in any purchase of goods if there will be any gifts,
and other-lain;
Reception of the Civil Servants, ABRI and other officials are already confidential
the common presence of bribery, letter of sakti, sends a candidate in acceptance of the candidates
above, so in each receipt new candidate occurs
bribery, predictable how later the candidate after being
officials despite being sworn in his inauguration would create
officials from before serving have been in bribes-
bribing let alone later after becoming an important official of course has been to be
an expert in bribery and other crimes, although already
is sworn in;
Based on the description of the applicant above, the applicant pleads
to Mahakah the Constitution gives an amamyes ruling as following:
1. Grant the applicant's request for the whole;
2. Declaring Law No. 4 of the Year of 2004 concerning
Special Justice Power regarding Section 30 of the paragraph (1), paragraph (2), and paragraph
(3), as well as other specific legislation in respect of the section
governing about The oath of office, as well as the Number
11 Year 1959 set about the oath contrary to the Constitution
1945, specifically the opening of the 1945 Constitution or at least less
perfect or less complete in terms of governing about the oath/appointment
so in terms of the oath of oath/appointment accordingly with religious teachings
about the oath/promise thing so in terms of the vow of vow
22
duly equipped/pastu/pastu/kutuk/laknat of
God Almighty if it is later who uttered an oath of breaking
His oath in every oath is spoken so that there is a sanal of his or her own.
Similarly, as with the judges ' oath to say
the verdict is for the selection;
3. Similarly, the copying according to their respective religions
was also pronounced by candidates testing before testing began
to be a Civil Service Officer, ABRI, Polri, other officials such as
advocate, A notary and so on according to the oath according to the teachings
the religion of each, so that the committee of the imposition is also for
is sworn in;
4. Punishing Act No. 4 of 2004 on
Judiciary Powers, Other Acts as well as other rules
in particular set about imperfect or still vows
needs to be equipped as well as rules as such in Perpres Number 11
Year 1959 as it does not correspond to the 1945 Constitution Opening for
narrowing the execution of the oath in accordance with its religious teachings
as well as paying fees for those items above if required
due to the applicant ' s plea;
[2.1] Draw that The applicant in the plea a quo attaches
letters of "Impelentation of Cor Cor In Law Enforcement Practice"
authors Ida Bagus Putu Madeg, S.H., MH., and Paruman's Result
Sulinggih;
3. LEGAL CONSIDERATIONS
[3.1] Draw that the intent and purpose of the applicant's plea is
formyl testing and/or materials Act No. 4 of 2004 on
Judiciary Power (State of the Republic of Indonesia) In 2004, No. 8,
Additional Gazette of the Republic of Indonesia Number 4358, subsequently called UU
23
4/2004) and the Presidential Regulation No. 11 of 1959 on the Oath of Office
Civil Service Officer and Member of the War (republican Gazette
Indonesia In 1959 Number 148, Additional Gazette Republic of the Republic Indonesia
Number 1915, subsequently called Perpres 11/1959), as well as the other Act
in particular which governs regarding oath/appointment of office to the Invite-
Invite the State of the Republic of Indonesia in 1945 (next called UUD
1945);
[3.2] Draw that under Section 24C of the paragraph (1) The UUD 1945 which
is mentioned again in Article 10 of the paragraph (1) Act No. 24 of 2003
on the Constitutional Court (Indonesian Republic of Indonesia Gazette 2003
number 98, Additional Gazette of the Republic of Indonesia Number 4316),
subsequently called the MK Act and Article 29 of the paragraph (1) letter of the Act
Number 48 of 2009 on the Power of Justice (State Sheet
Republic of Indonesia 2009 No. 157, Additional Gazette
Republic Indonesia Number 5076), one of the constitutional authorities
The court is testing Acts against the Basic Law;
[3.3] Draw that the a quo plea is regarding testing
Act in casu Act 4/2004 and Perpres 11/1959), as well as other Act
in particular which set about oath/appointment of a position against the Constitution
1945, so the Court is authorized to examine, prosecute, and disconnect
a request a quo;
[3.4] It is balanced that the applicant in the a quo plea is postured
provisions regarding oath/appointments as governed by Article 30 of the paragraph (1) paragraph (2),
and paragraph (3) of the Act 4/2004 which states:
(1) "Before taking office, judges, panitages, replacement panitages, and
a spokesman for each of the judicial environments required to pronounce
the oath or promise of his religion";
(2) The oath or appointment of the judge as referred to in paragraph (1) reads
as follows:
24
Oath: " For God's sake I swear that I will fulfill the obligations of the judges
with the best and fair, holding firm Act
The Basic State of the Republic of Indonesia in 1945, and run all
laws with the whole of the Act according to Invite-
Invite the Constitution of the Republic of Indonesia in 1945, as well as filial to
nusa and the nation. "
Promise: " I promise that I will sincerely meet
the judge's obligations with the best and the fair, holding firm
The Constitution of the Republic of the Republic of Indonesia Year 1945, and
run all laws with the whole of the right
according to the Constitution of the Republic of Indonesia in 1945, and
filial to nusa and nation. "
(3) "The oath or promise of panitera, the replacement panitera, or the bailiff is
as set in the laws".
and oath/appointments set in Presidential Regulation No. 11 of 1959
about the Oath of civil servants and members of the War force as well as
vows are set in other laws not accompanied by any other law. with
utters the sanction of the Almighty God has been unsuitable or
barring the oath/pledge set in religious teachings, so it contradictory
with the 1945 Constitution in particular the Opening of the 1945 Constitution. According to the applicant
an oath/appointment set in legislation in Indonesia, for example
the oath of office of the civil servant, another official's oath should be accompanied
by pronunciating the sanitioner (kena pastu, kutuk/laknat) from God) if
violates his oath. The execution of civil servants and oaths
posts still elicits an impression of origin. Let alone a witness oath to the people
Hindus in Bali only pronounce "attah, Prama Wisesa", so that the witness
already affected others is not afraid of breaking his vows. In addition,
the oath according to Perpres Number 11 of 1959 and the sworn oath
in Article 30 of the paragraph (1), paragraph (2), and paragraph (3) of the Act of 4/2004 as well as the oath
25
is set in another Act in the exercise of his oath to be
barring the religious teachings, both the place and the presiding of the sprinklers
that. According to the applicant should exercise the oath of the oath
the oath was exercised by the religious saint concerned,
for example Islam by Ustad/Kyai, Christianity by Sulinggih (Reverend)
and Hinduism by The clergy, and not sworn by the leadership of
the employee is concerned;
[3.5] weighed that against the applicant's plea,
The court on 5 October 2010 called the applicant to be present at
the court of the Constitutional Court on Thursday, October 14, 2010,
at 9pm WIB in the Preliminary Examination event. The trial
A preliminary examination is conducted to meet the provisions of Article 39 of the MK Act
that states as follows:
(1) " Before beginning to examine the subject matter, the Constitutional Court
hold the examination completeness and clarity of the application ";
(2) " In the examination as referred to in paragraph (1) of the Court
The mandatory Constitution advises the applicant to complete
and/or repair wish in the slowest term of 14
(fourteen) day ";
Against the subpoenaed, the applicant delivered
a notice to the Court through its letter dated October 7, 2010
which in its post states that the applicant has no charge for
leaving and staying in Jakarta. Therefore, the applicant pleads to
the Court for the conducted long-distance trial (video conference) at the Faculty
Law of Udayana Denpasar University. Court in order to satisfy the sense of
justice for the community of justice seekers as provided in Article
4 paragraph (2) Act 48/2009 on the Power of Justice stating,
" The Court helps the seeker of justice and attempt to overcome any
obstacles and obstacles to a simple judicial record,
26
fast, and light expenses ", grant a request to perform
a check in the case a quo through a long-distance trial (video
conference) at Udayana Denpasar University exercised on the day
Tuesday October 19, 2010, 13:00 WIB;
[3.6] A draw that the Court on October 13, 2010
recalled the applicant to present in the trial dated October 19
2010, at 13:00 WIB is housed in the Faculty of Law of Udayana University Road
Bali Island No. 1 Denpasar, but the applicant is not present in the trial;
[3.7] weighed that trial dated October 19, 2010
is the trial for fulfilling the applicant ' s plea as in
paragraph [3.5]. Therefore the petitioner's absence in the October 19, 2010 trial in paragraph [3.6] which is not accompanied by legitimate reason and without appointing a valid deputy
despite being called Should be appropriate, then the Court considers the applicant
not to mean it. The Court also considered a letter
The applicant to the Court dated 5 November 2010 pledging
The applicant was called back, but the Court argued, calls
The previous trial was already considered enough According to the law. For that reason
then the applicant's request must be declared dead;
[3.4] Draw that due to the request of the fallen applicant, then
legal position (legal standing) of the applicant, and the Subject Matter is not necessary
is considered;
4. KONKLUSI
Based on the assessment of the fact and law above, the Court
concluded that:
[4.1] The applicant is not earnest in applying
a quo;
27
[4.2] Legal standing (legal standing) The applicant and the subject are not
considered;
Based on the Basic Law of the Republic of Indonesia Year
1945 and given Article 56 verse (1) Act No. 24 of 2003
on Constitutional Court (Indonesian Republic of Indonesia Year 2003
Number 98, Additional Gazette Republic of Indonesia Number 4316).
5. AMAR VERDICT
prosecute,
Requesting the Fall applicant;
So it was decided at the Meeting of Judges attended
by the nine Judges of the Constitution on Wednesday the one month December
year two thousand ten and spoken in the Plenary Session of the Constitutional Court
open to the public on Thursday the two December year of the two thousand
ten, by our Moh. Mahfud MD, as the Chief of the Members, Achmad
Sodiki, Ahmad Fadlil Sumadi, Harjono, Muhammad Alim, M. Arsyad Sanusi, M.
Akil Mochtar, Maria Farida Indrati, and Hamdan Zoelva, respectively as
Members with assisted by Sunardi as Panitera Replacement, not attended
by the applicant and attended by the Government;
CHAIRMAN,
ttd.
Moh. -Mahfud MD. MEMBERS,
28
ttd.
Achmad Sodiki
ttd.
Ahmad Fadlil Sumadi
ttd.
Harjono
ttd.
Muhammad Alim
ttd.
M. Arsyad Sanusi
ttd.
M. Akil Mochtar
ttd.
Maria Farida Indrati
ttd.
Hamdan Zoelva
PANITERA REPLACEMENT,
ttd.
Sunardi
