Key Benefits:
Special Power Letters each dated December 12, 2008, which in
it acts for and on behalf of the power giver;
Next together are referred to as --------------- Applicant III;
[1.5] Read the pleas from the applicant I, the applicant II, and the applicant III;
Hear the captions of the applicant I, the applicant II, and the Applicant III;
Hear and read the written caption from Government;
Hearing and reading written captions from the House of Representatives;
Hear and read the experts from the applicant I, the applicant II, the Applicant III, and the Government;
Hearing the witnesses of the applicant II;
Checking the booklet;
Reading the written conclusion of the applicant I, Petitioner II, the Petitioner, and the Government.
2. SEATED MATTER
[2.1] A draw that the applicant I, has applied with
his application letter is dated 30 November 2008 which is accepted and listed in
The Constitution of the Constitutional Court (hereafter called
on December 2, 2008, registration Perkara Number 51 /PUU-VI/
2008, which was corrected and accepted in the Court of Justice on the date
15 December 2008 and 18 December 2008;
The applicant II has applied with his request letter
dated 2 December 2008 accepted and registered in Kepaniteraan
Court on December 2, 2008, registration Perkara Number
52 /PUU-VI/2008, which was corrected and accepted in the Court of Justice
on 16 December 2008;
5
The applicant III has applied with his request letter
dated 15 December 2008 received and registered in Kepaniteraan
Court on 18 December 2008, registration Perkara Number
59 /PUU-VI/2008, which had been corrected and accepted in the Court of Justice
on December 23, 2008;
The applicant I, the applicant II, and the Applicant III each suggested
things as follows:
Applicant I
I. Preliminency
The state system of Semrawut The problems facing the nation today actually begin with
the securation of the state system, which from the beginning mixed up between
understanding authoritarian and democracy and also. Mix the democratic system
Presidential and Parliamentary. It cannot escape the impetuous
"Founding Father" we are in compiling the body bar of the Constitution, but so Bung
Karno in the speech of 18 August 1945 already has been amused to
reformulate the Constitution New ones. Very unfortunate 4 (four) times
The Constitution of the Constitution did not begin first with the changes "platform" and the new paradigm
that changed from an authoritarian New Order system, into a democracy;
The changes implemented directly The dive into the chapters and more
is reactive towards the infirmity and weakness that occurred during the New Order.
See the paradigm of the legitimacy of the government. During the New Order
the coming legitimacy of the government is from the House, this is because the election that
took place during the People's New Order did indeed try to mark the image of the party.
In the 2004 General Election, the people in the Election tried to mark the mark. Candidate Image
President-Vice President. It means a source of direct government legitimacy from
the people, not the party or the House. However, the paradigm of the source of legitimacy
the government of the state system as the mandate of the 1945 Constitution results
The amendment still remains, even adding to the power of the House. Similarly
in other fields, meaning the state system results 4 times the amendment of the Constitution
1945 is the continuation or derivative of the New Order system, and even more
the semrawut, as it is between the subsystem of the state. Distorting each other,
tracking and even asserting one with another. And for sure, the system
6
Our statehood has not been systemic, as between the existing subsystems yet
strapsued in a synergy and not yet as a totality;
The Basic Principles of the State of Democracy
Indonesia adherents democracy then the basic principle in regulating
the state system is the sovereignty of being in the hands of the people. Meaning sovereignty
is the property of the people. Universally for democratic adherents, the right of the people
is the innate human being with birth at all is not a gift
the State. This is what separates the authoritarian State of the Union,
where the right of the people is the granting of the State. Then the State functions in understanding
democracy is regulators, facilitators, and weak protectors. The position
The state in the democratic understanding is not a ruler, as
in an authoritarian state. From there, the Basic Law (UUD) of 1945
guarantees that sovereignty is in the people's hands and is exercised according to
The Basic Law;
The Occupation of the Constitution of the devotee of democracy wherever, at
The nature is just one of the sources of written law to run
the sovereignty itself. Sovereignty intended here is the highest right
in arranging, running, and or managing the State. That is the main principle
from the source of the power of the devotee of democracy, that is the people
sovereign and the Basic Law guarantees the exercise of such sovereignty.
Therefore, the nature of the Basic Law of 1945 as the Constitution
The state is essentially to protect and guarantee the rights
citizens as holders or owners " original" sovereignty;
The State Differents of Authoritarian and Democracy
In authoritarian adherents The State is responsible for
the people, the position of State is the ruler, then the right of the people is a given
State, meaning the sovereign State of sovereignty, not the People. Another feature
authoritarian adherents is, the State and Government are made one, then
when the Government fails, the country's impact is extinct. This was experienced
Majapahit, Mataram and other kingdoms in the archipelago, and the last one was
the collapse of the Soviet Union, et al. Another prominent feature in the authoritarian State
wherever is the Government is involved making the Act. Whereas
in adherents to the democracy, Ciri is primarily between the State and
7
The government is split (in the parliamentary system) or is sorted (in tArdi Mbalembout, SH., Erlina R. Tamheap, SH., Devita Aresti Hapsari, SH.,
Egidius Sadipun, SH., Brodus, SH., Ir. Koesnadi Notonegoro, SH., H. Sonie
Soedarsono, SH. MH., Yuliani, SH., Agus Saputra, SH., Sattu Pali, SH., C. Suhadi,
SH., The Hutasoit Faith Tower, SH. LLM., Julian Wahyudi, SH., Posma GP Siahaan,
SH., Robert Situmeang, SH., Ramses Situmpersons, SH., Rudy E. Situmeang, SH.,
DR. The Marnixon RC. Wila, SH. MH., David Aruan, SH. MH., Irhamsyah, SH.,
Medianto Hadi Purnomo, SH., Donny Fernando, SH. MH., Heintje W.
Sumampouw, SH., Johni Novian, SH. MH., Farid Hasbi, SH., all of it.
4
The Advocates who join in "The Human Rights & Rights Enforcement Team
Man" (TPD & HAM), with the address of the Proclamation Road Secretariat Number 69,
Central Ja eople, too,
can be removed in the middle of the road. Because the members of the House are representatives of the people, then in
the House of Representatives is no fraction institution. He's not a party at all. That is where
in the Legislative Elections, the people are trying to block the picture of the candidate of the House,
not the party picture sign;
10
Cow Trade Elections
By ignoring the political logic of common sense that fortifying its birth
the democratic system, then as it did in the 2004 elections, in the Election
2009 will again occur. The following parties offer promises and programs when the party wins the election. While the promise-
the appointments and programs that are offered are not possible aliases impossible will
be implemented. Because in the presidential system as a program
The government is the promise and program of the election-winning Presidential Candidate,
at all non-party programs are no exception to the election-winning party
though. Similarly, if the Election is associated with the President's nomination and
Vice President, the parties have not been able to call
who figure would be proposed as the candidate for President and Vice President.
If any party dares to refer to the Presidential candidate and its vice president,
This will be constraint, that is, when the party cannot exceed the
minimum seat in the House or a valid vote in the election as
specified in Act Number 42 of 2008 on Pilpres, i.e.
20% Seats in the House or 25% of the legal votes in the election. So basically
the people voted in the Legislative Elections what? Party program, obviously not. It will be
Caprest-Cawapres couple as well. So what?
Meaning People are told to sign an "blank check" then submitted
to the political party administrator for the beef trading capital in search of it
Capres-Cawapres. The political party acts as a political calo
constitutional. This means in real terms, in the election of the western people choosing "cat
in the sack". This resource is due to the electoral order in system
presidsiil, it should be the Presidential Election first in the Legislative Elections, not
as we did in the 2004 Elections and will be repeated again on
The upcoming 2009 elections, where the Legislative Elections are first, are new
followed by the Presidential Election. If the baby is born, it should be the head.
First, then the foot. When born with a foot first, it is called
"sungsang" and it is very harmful to the health of the mother and especially the baby;
Of the democratic rules that ignore the political logic and the order-
the order of the political mechanism which is universally unorthodox, and plus
with minimal number of restrictions for the party or the combined party in
proposing that the Capres Couple and Cawapres, then the sovereignty that
11
his people in this regard the people's right in selecting its leader instead
fouled, constraint and is distorted by the Presidential Election Act it
alone;
The Power of Power New Order Heritage Parties
Basic secondary considerations, but important as well, determining the figure
the percentage for the party or the combined party to be able to nominate the President
is at all without basis and No political logic. The decision was clearly
laden by the interests of major parties who want to monopolize power. Three
the party in the New Order era is all supported by the Government in system
authoritarian statehood wrapped in the name of democracy. The system that
applied exactly like the Communist State system only with little difference
is in the presence of the DPA. The difference lies in the number of parties where in
The New Order contains 3 (three) parties, not just 1 party: the Communist Party.
But all three are puppet rulers of the New Order as in the State
Authoritarian. the good of the Indonesian people not to sue the parties
it was to be dissolved when the 1998 reforms occurred. Even to adulthood
this, the visible remains, are: the offices at the center, nor the area
of the New Order's legacy parties are in strategic places at
every city with a fairly luxurious building. compared to the new parties
of the people who grew up crawling after the 1998 reforms;
The Indonesian people are not suing and disbanding
These New Order relics are still not Got a welcome.
It was worth it. The good of the people was avenged. Law
A minimum limiting presidential election has 20% (twenty percent)
seats in the House or 25% (twenty-five percent) of legal votes. That is, this is clearly
based on the interests of monopolistis of the major parties of the New Order's legacy and
its derivatives that want to retain its power. A clear
contrary to the mandate of the Constitution of 1945;
Of any sense, if a percentage of 20% (twenty percent) of the House seat
or 25% (twenty-five percent) of the legal vote remains in effect, then
There is no need for a burning election + Rp. 9 (nine)
trilyun, since the result is predictable, namely the Republic of Indonesia is held
by arisan 3 (three) or 4 (four) install the hereditary rulers of the Order New
12
that wants to maintain power. Better the power of power alone,
alternates each year by the kroni New Order and its derivatives, anyway they are just
going to continue the old ways that real ones have ushered the nation and
the country is down. With the national leadership of figure that "again it again"
impossible the nation can realize a land based on desire and
the ideals of the people to quickly rise to return on par with the nations
Another, and capable of well-being with his people. Indonesia forward should not
continue to be mistaken, and increasingly squashed to the parties that opportunists as well as
greedy for control of the rights of the people. Impossible elite that only goes on
New Order ways will be able to build a new country free of
license contracts or concessions that are already impoveristing the people for
a handful of elites only. This country has to be led by a capable figure
giving new hope, which is really capable of building a government
a country whose state of the people is for the people in a sense that
truly. This is where the importance of "silent revolution", through the hands of the new leader
with new ideas, new solutions and the "platform" chosen through the process
democracy to break the shackles of existing political and legal systems.
So the people don't have to go their own way. The upward change to th
order of the Democracy process, in the presidential system, universal elections
the legislature is implemented after the election of the President (Pilpres). Thus
the people in electing his deputy in the House were already considering the character of the
President elected. Since the President is directly elected by the people for a period
certain (in Indonesia for 5 years), then he cannot be lowered in the middle
the road. And as the imposition of the House of Representatives is the representative of the p society, nation, and country;
9. That the applicant is a potential Indonesian citizen to be able to
be elected and vote in the general election, either in the legislative elections
nor the election of the President and/or the Vice President while there is a party
politics Which is the one that has it;
10. That the applicant is in this regard as an Indonesian citizen as
referred to in Article 51 of the paragraph (1) of the letter of the Court, with
the enaccation of a portion of the General Election Act
the President, the applicant and/or Its constitutional authority is harmed
by the enactment of the Act;
11. That Article 9 of the Law No. 42 of 2008 on Election
General President and Vice President has required only the party or
the minimum party has 20% seats in the House or acquire
25% valid votes. in the Election;
12. That the formulation of the section that requires a party or a joint of the party
has 20% (twenty percent) of seats in the House or gained 25% (two
50 percent) the legal vote in the Election is the formulation of the section
strongly discriminatory, and turn off the opportunity to be proposed by the party
or a combination of parties and its applications elicits injustice;
13. That the applicant is an Indonesian citizen who can or potentially
to be ushered by the parties, but due to the application of the section in the invite-
the invite resulted in the political and departure rights of the applicant
endotheized and turned off;
That with the enacDoing of Article 9 of the Law No. 42 of 2008
about the Presidential Election and Vice President, it has harmed the right
19
constitutional applicant. The constitutional rights referred to by the applicant
are the rights set forth in Section 1 of the paragraph (2), Section 6A paragraph (1), 24 of 2003 on The Constitutional Court (later
The Court of Justice Act) stated that: " Constitutional Court authorized to prosecute
at the first and last level the verdict was final to test
legislation against The Basic Law, the authority of the state agency
the authority given by the Basic Law, severing
dissolution of the political party, and severing disputes about the election result
general ";
III. LEGAL SUPPLICANTS AND INTERESTS (LEGAL STANDING)
1. That Section 51 paragraph (1) of the Court of Law states: " The applicant is
the party who considers the rights and/or its constitutional authority is harmed
by the law, that is:
i. Individual citizen of Indonesia;
ii. the unity of indigenous law society as long as it is alive and appropriate
with the development of the community and the principle of the Republic of the Republic of the Republic
Indonesia that is set in undra;
iii. public or private legal entities; or
iv. state agencies ".
2. That the Constitutional Court in Decree Number 006 /PUU-III/2005 has
provides an explanation of the constitutional rights and losses
constitutionally as follows:
a. the constitutional right of the applicant given by UUD 1945;
b. that the applicant ' s constitutional right is considered by the applicant to have
harmed by an Act tested;
c. that the intended constitutional loss is specific
(special) and actual or at least potentially a potential that
reasonable reasoning can be certain to occur;
d. Due (causal verband) between the loss and
the enactment of the Act is moveed to be tested;
e. It is possible that by the request of the request then
The constitutional loss postured will not or may no longer occur.
17
3. That the applicant is the individual applicant of the Indonesian citizen
as in Article 51 of the letter (1) the letter of Law Number 24
In 2003 of the Constitutional Court. The applicant is a citizen
Indonesia who is about to use his right to participate in
Government by becoming the Presidential Candidate when there is a political party or
a joint political party that will be nominated for him. The applicant assumes that
the enacgging of Article 9 of the Law No. 42 of 2008 on
The Presidential Elections and the Vice President (subsequently called the Act
Pilpres), do not comply with the Constitution's order, so the applicant feels
the rights and/or its constitutional authority are harmed by the enactment of
The Act. In addition, the applicant is a Purnawirawan TNI AD
who has been active in pro-democracy activities and is also active in the
writing, defense-about defense of the public interest
oppressed, donating thoughts for the nation ' s progress through agencies
swadaya society and community society outside the political party;
4. That the applicant has the right to participate in the general election
the President and Vice President, and be chosen by the Indonesian people. In
exercising the right of the applicant obtaining a guarantee of the equation
the position in the law and the government [Article 27 paragraph (1) of the 1945 Constitution],
the guarantee for obtaining recognition, assurance, protection, and certainty
the law the fair and equal treatment before the law [Article 28D paragraph
(1) of the 1945 Constitution], the guarantee of obtaining an opportunity that
equal in government [Article 28D paragraph (3) of the 1945 Constitution], and the right to
free of all forms Discrimination [Article 28I verse (2) UUD 1945].
All of it is one form of the embodiment of the sovereignty of the people
[Article 1 of the paragraph (2) and Article 6A paragraph (1) of the 1945 Constitution]. It is therefore not
may be constraint by the requirements specified in Article 9 of the Law Number
42 of 2008;
5. That explanation of Article 51 paragraph (1) of the Court Act states, "that
referred to as 'constitutional right' is the rights set in
The Constitution of the Republic of Indonesia in 1945";
6. That the applicant is a citizen of Indonesia living in the country
Indonesian law and socializes with a very
heterogeneous society, whether political, legal, economic, or cultural;
18
7. That the applicant is a citizen of Indonesia entitled to
recognition, guarantees, protection and fair legal treatment and
gets legal certainty in any activity doing;
8. That the right and/or constitutional authority of the applicant in the request
this is the applicant ' s right to be treated fair and equal in
the presence of the law, as well as obtaining the same opportunity in law and
the government of the law. advancing itself in champing its right to
the collective to build p>The Lawsuit To Save the Republic
This lawsuit is A small part of the petitioner's efforts in irruse
The beloved Republic and the fate of this nation's son. If this lawsuit is granted then
the people have a forward hope of choosing the President
which is guaranteed to stop this country's purview, and be able to
build a new civilization of Indonesia. The applicant itself has published the book
PrioritXX_ENCODE_CASE_CAPS_LOCK_Off The People as a pilot for anyone who will
run for Capres-Wapres to first f generally exercised;
That the provisions of Section 22E paragraph (1) and paragraph (2) of the Constitution of 1945 reads:
(1) "The general election is executed in person, general, free, secret,
be honest and fair every five years";
(2) " the general election hosted to select Board members
People ' s Representative, House of Representatives Area, President and Vice
The President and the Regional People ' s Representative Council ";
23
obtain 25% (twenty-five percent) of the national legal vote in
Election Members of the House of Representatives prior to the implementation of the Election
President and Vice President " Act No. 42 of the Year 2008
about the Presidential Elections and Vice President contradictory
with the Constitution of the Republic of Indonesia in 1945,
most notably Article 1 of the paragraph (2), Section 6A paragraph (1), Section 6A paragraph (2), Article 27
paragraph (1), Section 28C paragraph (2), Article 28D paragraph (1), Section 28D paragraph (3), and
Article 28I verse (2) and paragraph (5);
3. Stating:
Article 9 reads: " The potential spouse is proposed by a political party or
the combined election party of the Election participants who meet the requirements
The gain of the least 20% seats (twenty percent) of the the number of seats
The House of Representatives or gained 25% (twenty-five percent)
of the national legal vote in the House of Representatives elections
before the implementation of the Presidential Election and Vice President " Invite-
Invite Number 42 Year 2008 on Presidential Election and Vice
President does not have a binding legal force;
4. If the Judge's Assembly opts another then we beg for justice that
adies it (suum cuique tribuere).
applicant II
That the applicant is testing Section 9 and Article 3 paragraph (5) Act No. 42 of 2008 (State sheet number 176 of the year
2008, additional sheet country number 4924 in 2008, subsequently called "Act of Pilpres") against the State Basic Law of the Republic of Indonesia Year
1945 (subsequently called "1945 Constitution"), for the following reasons:
I. CONSTITUTION OF THE CONSTITUTIONAL COURT
1. That Section 24C paragraph (1) of the Constitution of 1945 states:
" The Constitutional Court is authorized to judge at first level and
The final verdict is final to test the legislation
against the Basic Law, Cut off the agency's authority dispute
The state that its authority is granted by the Basic Law,
dissolves the dissolution of the political party, and dissolves the dispute about the outcome
general election ";
24
2. That Article 10 paragraph (1) of the Law Number 24 of 2003 on
Constitutional Court (subsequently called "MK Act") reads:
" Constitutional Court authorized to judge at first level and
the last one The verdict is final for:
(a) testing the legislation against the State Basic Law
(b) Republic of Indonesia of 1945;
(c) ..... dst.
3. That because of the object of this test request is the charge material
in Article 9 and Article 3 of the paragraph (5) of the Act of Pilpres against the Constitution of 1945, then
based on the foundation of the law and such matters above, the Court
The Constitution of the Law to perform such testing.
II. LEGAL STANDING (LEGAL STANDING) PEMOHON
1. That Article 51 paragraph (1) of the MK Act states:
" The applicant is a party that considers the right and/or authority
its constitutionality is harmed by the law, that is:
a. individual of the Indonesian national;
b. The unity of the indigenous legal society as long as it is alive and appropriate
with the development of the community and the principle of the Union of Unity
The Republic of Indonesia is set in an undrased invitation;
c. legal entity public or private; or
d. state agencies ";
2. That under the jurisprudence of the Constitutional Court, the Verdict
Constitutional Court Number 006 /PUU-III/2005 and Number 010 /PUU-III/
2005, the definition and limitations on constitutional losses arising
due to the enactment of a The Act according to Article 51 of the paragraph (1)
The MK bill, must meet the five conditions:
a. the constitutional right of the applicant given by UUD 1945;
b. The applicant ' s constitutional rights are considered by the applicant to have
harmed by an Act tested;
c. The constitutional loss referred to is specific and actual or
at least that of potential according to reasonable reasoning can
be assured of the case;
25
d. existence of a causal link between the loss and the expiring
The Act is being treated for testing;
e. It is possible that by the request of the request then
The constitutional loss postured will not or no longer occur.
3. That Article 3 paragraph (1) of Act No. 2 of 2008 on
The Political Party ("Parpol Act") states that the Political Party is
is the legal entity after being registered to the Law Department and
Human Rights and meets the requirements specified in
Article 3 of the Parpol Act and subsequent to the legal entity with
The Minister ' s Decision. The applicant is a political party that has been registered in
the Department of Law and Human Rights and has been passed as
the legal entity as the Decree of the Minister of Law and the Rights
Man Number M-03.UM.06.08 Year 2003 Therefore, according to the
The applicant is the statutory body of the law
applying for the statutory testing of the Law against the Invite-
Invite the Basic as the provisions of Article 51 of the paragraph (1) of the letter c Invite-
Invite the Constitutional Court;
4. That the applicant is a member of the General Election participant of the Year
2009, with the Number of Urut 27, which has been set by the Election Commission
General (KPU), as per the Decree of KPU Number 149 /SK/KPU/YEAR 2008
dated 9 July 2007 about Establishment And Draw Of Party Numbers
Politics Of The General Election Year Of 2009;
5. That the provisions of Article 6A paragraph (2) of the 1945 Constitution, reads:
The spouse of the Presidential candidate and the Vice President is proposed by a political party
or a joint political party of the election participants before the election
is the forwarding, the restrainting. Violation of or at least distortion
official by the Act on the political rights of the citizens and
violates human rights as it has been ordered
by the Constitution of 1945, in particular Article 27 of the paragraph (1), Section 28C paragraph (2), Article
28D paragraph (1), Article 28D paragraph (3), Article 28I paragraph (2) and paragraph (5), and
Article 21 of the United Nations DUHuman Rights of 1948;
V. PETITUM
Based on those above, the applicant please to t oviding certainty, equality and the same opportunity for
the entire political party of the general election participants for propose
The spouse of the Presidential Candidate and the Vice President to be selected in
general election. On the other hand the provisions have been very wise
32
gives the opportunity to any person who is about to be
the President or the Vice President to nominate him with
form a political party aneneral election in Indonesia are
a pillar that upholds the constitutional democracy of Indonesia
Indonesia. This pole, should not be overruled by a gluttony and will
in power as well as the will to retain power by force
A majority in power. Because as a pillar and milestone
democracy, the holding of elections should not be harmed
the principles of democracy itself provide the participation room
the breadth for the people to be decisive. the path of government
country;
5. From the General Description of the Pilpres Act, it is apparent that the framework of thinking
The Speaker of the Pilpres Act that the strong support or the vote of the people
which votes a political party in the Legislative Elections will be the same as the vote
the people or voters who will elect the President and the Vice President in
The Presidential Election and Vice President. Whereas, in the Presidential Election and
Vice President, the people directly elect the Presidential Candidate and the Vice
The president is not electing the political party of the Presidential Candidate and the Vice
President. That political party as a democratic element that
sets up the aspirations of the existing community groups
The Republic of Indonesia cannot take over all rights
the constitutional citizen with reasons for effectiveness
governance. Because of this principle of effectiveness
that gave birth to authoritarian states, the tyrants countries in history
the human civilization. With a wrap for the effectiveness of this administration
which apparently underlies the basic framework of thinking the birth of the Law of the Pilpres,
so that the restrictions on the proposal of the Presidential Candidate Lead and
30
Vice President. The framework thinks it contains a danger to its guess
a state of constitutional democracy because of the tyranny of the upper majority
a minority. Aspirations of a growing minority and diversity were killed
by the reasons of the effectiveness and efficiency of the government;
6. That in addition, the framework thinks the author of the Pilpres Act
as intended in the third paragraph of the General Explanation of the Pilpres Act,
also shows the next fundamental difference of fundamental principles
incline against conflict. between the Pilpres Act with the 1945 Constitution;
The third paragraph of the General Description of the Pilpres Act among others reads:
.... In addition, the setting against the Presidential Elections and the Vice
The president in this legislation is also intended to affirm
a strong and effective presidential system, where the President and the Vice
President elected not only of the strong legitimacy of the people,
but in order to realize the effectiveness of the government is also necessary
the support base of the House of Representatives ";
This general explanation contrary to Article 9 of the Pilpres Act,
The condition of the condition support for 20% of the House seat or 25% valid votes
national to be able to propose a Presidential Candidate Partner and Vice
President. As strong as what House support is only 20% of seats compared to
with 80% of seats not in favour, if the President is only supported
by 20% who nominated him. Likewise, the 25% support requirement
national legal vote means no parliamentary seat support terms, if
following the framework of thinking of this Act how it might be just
with unseat national legitimate voice support, The president gets
effective support from the House. Thus consideration/explanation
the general Act of the Pilpres turns out to be contrary to the sections that
there in the Act and with the 1945 Constitution;
7. That the provisions of the Constitution of 1945, as the highest law in the country (the
supreme law of the land) are clear and light in Article 6A paragraph
(2), give equal and equal rights to the entire political party
Election participants either individually or in combination to
propose a Presidential Candidate and Vice President before
the implementation of the House of Representatives, the DPD, the President and Vice President and
31
DPRD. That is, the principle of equality has been expressly granted
and guaranteed by the 1945 Constitution to any electoral political party.
The rights granted by this constitution are called the right
constitutional;
Article 6A paragraph (2) of the Constitution of 1945 complete reads:
"The spouse of the Presidential candidate and the Vice President was proposed by the Political Party
or the combined political party of the general election participants prior to implementation
the election generic";
8. That under the terms of Article 6A paragraph (2) of the Basic Law
it is clear that the Constitution of 1945 is in order to guarantee certainty as well as
equal and equal rights to all the political parties of the Election participants,
limitatively mandates the requirements of the candidate Partner
President and Vice President in just 2 things:
a. Proposed by a political party or a joint political party of participants
general election;
b. The candidate for the Presidential Candidate and the Vice President
was implemented before the general election.
9. That both in terms of semantics and terms of constitutional meaning, the phrase
"political party or the union of political parties" has no meaning and other meaning
-whatever the meaning of it-except the political parties of the general election.
A political party that is not a general election participant cannot propose,
either individually or by joining in to propose
Presidential candidate and Vice President;
10. That the provisions of Article 6A paragraph (2) of the Constitution of 1945, have provided a very wide space
for the people to determine the nomination for the Couple
The Presidential candidate and the Vice President who will lead them.
Despite this nomination, it has been reduce the political rights of the people to
determine the nomination of the Presidential Candidate and Vice President directly
through an independent candidate, but the provisions of this UUD have been very
wisely prw, contains the meaning that there is no process
law or political process or process of democracy that is not
based on the provisions of the law and the constitution. apply.
The violation of the principles of this law state, is the
deviation that damages and damages the dictable state order-
citakan and idealized under the constitution of the 1945 Constitution;
29
3. That the establishment and birth of various laws in <