Sabtu, 23 Maret 2013

Disarm the ELECTION COMMISSION to lame

No vain efforts the General Chairman of Indonesia justice and Unity Party (PKPI) Sutiyoso convince many parties, that party has the right to join the election. The State Administrative High Court (PTTUN) Jakarta, Thursday (21/3) yesterday, severing that should be included as PKPI political party Electoral participants.

This is the second ruling PTTUN Jakarta, after the Crescent Star Party (PBB) also asked participants in the general election. so included Earlier, both the party along with 15 other parties, otherwise did not qualify the party election participant verification by the ELECTION COMMISSION.

If holding the promise of the Election Commission, that it would accept the verdict of the lawsuit as PTTUN PKPI made against the United Nations, then the ELECTION COMMISSION would set the PKPI as segara participants Party Elections of 2014. If the UNITED NATIONS gets no. 14, no. 15 PKPI will get.

ELECTION COMMISSION had no space on the decision of Cassation PTTUN. Act No. 8/2012 does not set it is expressly reserved. However the Supreme Court Rules or Perma No. 6/2012 ensure, that the ELECTION COMMISSION could not have filed a cassation over the verdict PTTUN. Appeal and cassation was given only to the party.

This is contrary to the principles of universal law, that all those who feel unfairly treated by the Court, the low level of reserves the right of appeal or cassation to the higher court. Lawmakers ignored this issue, so that the ELECTION COMMISSION should receive the stamp "not becus work" over the UN'S lawsuit.

Unlike the United Nations, the top cap lawsuit verdict PKPI worse: against the law. According to the ELECTION COMMISSION should PTTUN Jakarta, carrying out what was decided, because Bawaslu legislation requires so. PTTUN does not accept excuses that come with a Bawaslu ruling and procedural defects in materials.

The verdict is precedent, PTTUN that ruling over all matters of dispute Bawaslu election is meant to be final and binding. Act No. 8/2012 does indeed exclude provisions of final and binding upon the party election participant verification cases and the nomination of members of the legislature. But this exception does not mean being created Election Commission, since Perma No. 6/2012 closing chance of appeal and cassation for ELECTION COMMISSION over the verdict and PTTUN Bawaslu.

If so, then in the process of conducting the election, the ELECTION COMMISSION on the results of each decision stages elections (voter list remains, political parties election participant list, the list of candidates for members of the legislature, the list of votes, the list of acquisition candidates elected Chair and list) can be corrected by Bawaslu. It's the same meaning, Bawaslu positions higher than the ELECTION COMMISSION.

When election organisers right of institutional construction like that, then the decision maker over the election results is no longer the Election Commission, but Bawaslu. Thus it is no longer a Bawaslu election institutions, nor merely a dispute resolver institutions.

Bawaslu has developed into a superbody since it can be proofread all the decisions on the results of the election. Though not a Bawaslu judiciary, even the judiciary were an award could still be compared and dikasasi.

This adds to the clutter PTTUN verdict recently, given the previous Election Organizers Honorary Council (DKPP) also managed to rule the ELECTION COMMISSION to verify factual party, which had already declared ELECTION COMMISSION did not qualify the administrative verification. Indeed, ELECTION COMMISSION could have refused the order of DKPP. But the threat of dismissal of DKPP apparently more frightening.

So, the decision of the ELECTION COMMISSION on the results of the election stage, it could be months and Bawaslu DKPP. This is not including the Constitutional Court, which indeed got a constitutional right.

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Title Post: Disarm the ELECTION COMMISSION to lame
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