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Constitutional Court rejects MD3 Law judicial review request
The Constitutional Court rejected a judicial review requested by the Indonesian Democratic Party of Struggle (PDI-P) over Law No
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T
he Constitutional Court rejected a judicial review requested by the Indonesian Democratic Party of Struggle (PDI-P) over Law No.17/2014 on legislative institutions (MD3 Law) in a hearing at the court in Central Jakarta on Monday.
'['¦] decided to reject all of the requests in the judicial review of the law,' presiding judge Hamdan Zoelva said as quoted by kompas.com while reading out the ruling in Jakarta on Monday.
In the verdict, two of five constitutional judges, Arief Hidayat and Maria Farida Indrati, had dissenting opinions.
The court's ruling was related to the judicial review request submitted by the PDI-P, which was presented by party chairwoman Megawati Soekarnoputri, party secretary-general Tjahjo Kumolo and party members Dwi Ria Latifa, Junimart Girsang, Rahmani Yahya and Sigit Widiarto.
They asked the court to review the mechanisms to select leaders of the House of Representatives and heads of regional legislative councils as regulated in articles 84, 97, 104, 109, 115, 121 and 152 of the MD3 Law. The filing party considered the articles unfair and harmful to the constitutional rights of PDI-P as the winner of the 2014 election.
According to the MD3 Law, the House speaker and heads of regional legislative councils are to be selected by House members and do not have to be members of the party that wins an election as the 2009 MD3 Law had regulated.
Hamdan said that according to the court, changes in mechanisms to select House leaders and heads of regional legislative councils as stipulated in the MD3 Law did not violate the Constitution. It was the authority of House members to choose leaders in legislative institutions, according to the court, he added.
Hamdan said such mechanisms were normal based on the presidential system with multi-parties. According to the court, a compromise reached between political parties was a determining factor in the election of House members.
'Compromises and agreements cannot be avoided,' said Hamdan. (dyl/ebf) (++++)
