According to him, if the disputed election authority will be the authority MA again will be very di

Home News Data Center Clinical Legal Profession Land & Housing Telecommunications & Technology Human Rights State Consumer Protection of Intellectual Property Rights Business & Investment Company Law Legal Studies b2b Family and Inheritance Law Labour b2b & Employment Law Civil Law Criminal Career Talks Upcoming Products and Services English
Discussion of Proposed Budget FSA Striking Through the House Committee Office How Mass Media Not Elegant 'Dispute' Hearing in Corruption Trial Implementation Program Not Effective and Efficient Government sued Newmont, Government Prepares Attorneys Recommend EMR Year 2028 55 Registered Exporter, Indonesia Gas Crisis Predicted No Substitute Clerk Court Know the Law Firm UK Bribery Akil alliance with Indonesian Minister of Religious Law Firm Admits Contributions Munir Against Human Rights News Index
MA reiterated keberatanya if local election dispute back before the courts under the Supreme b2b Court. Therefore, the current workload is quite heavy court with various types of cases. Therefore, MA agreed and dispute resolution support when local elections (elections) handled b2b a specialized agency.
"I think it (the election dispute) is not necessarily all of them to the court for job duties and the court has been enormous. So we support that particular discourse entity that can handle election disputes, "said the Head of Legal and Public Relations MA, Ridwan Manyur in Building MA, Friday (19/6).
Ridwan confirms besides other cases, the courts already overburdened criminal offense completion of legislative elections and disputes related TUN elections and local elections. Moreover, MA Perma No. balls just published. 3 In 2014 on the appointment of Special Judges Case Presidential Election (Election). So in addition b2b to handling b2b criminal legislative elections, also handles criminal court judge in the presidential election by the country b2b level and appellate courts.
According to him, if the disputed election authority will be the authority MA again will be very difficult for a court position in the area. Moreover, the potential for conflict between supporters b2b of the mutually conflicting very large. On the other hand, from the court infranstruktur small and inadequate safety systems, such as MK.
"The court has not yet had the Contempt of Court Act related constraints such as mass demonstrations supporting what? Are the supporters may enter the courtroom? that there is no rule. It would be a nuisance or threat potential judges to examine and adjudicate the case, "he argued.
Therefore, b2b said Ridwan, the existence of special dispute b2b settlement body election ad hoc (not permanent) could be the best solution. The judges examine the election dispute was largely b2b ad hoc, not to be recruited throughout the year. Moreover, the implementation of the election will be held simultaneously begin to start 2020. Example, b2b can be modeled Consumer Dispute b2b Settlement Board (BPSK).
"This special agency nature can momentarily under MoHA or other entities related to the election. The proof, Bawaslu can resolve disputes, "he said. "So this must be considered carefully."
To note, by the decision b2b of the Constitutional Court (MK) test related Government Law and the Law on Judicial Power of the election authority disputes. The Court stated that he no longer has authority to hear election disputes. Then, turn the matter over to the House to determine the appropriate agency to handle these disputes. As a result, the bill being discussed government elections and the House of Representatives, called the transfer of the disputed election to the Supreme Court through the High Court.
Earlier, former Chief Justice Bagir Manan also argues the need for a matching related special body that handles disputes b2b this election. "I belong to that advocated better created specialized institutions only. Thus it specifically b2b resolve election disputes. Therefore, it is no element of election politics and wide-ranged. Same thing later, if taken to the Supreme Court again, there is a 'disease' anymore, "Bagir said.
Originally election of handling disputes handled by the Supreme Court and courts below it. Therefore, the Court is only mandated to handle disputed elections (legislative and presidential) as set forth in Article b2b 24C of the 1945 Constitution. While the election dispute was not mentioned in the 1945 Constitution, so it is considered not entering the electoral regime, but the regime of local government.
However, in its development, this interpretation changed. b2b Parliament and the Government issued Law No. 12 of 2008 which handed over the authority to the Court, so that the election dispute entered electoral regime. Interestingly, after 6 years of handling election disputes, the Court instead turned decides he is no longer authorized to adjudicate election disputes because it does not enter the electoral regime as set forth in Article 22E of the 1945 Constitution. & N