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Constitutional Court Rejects Ummah Party Lawsuit on 4% Parliamentary Threshold in Indonesia’s Election Law
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Constitutional Court Rejects Ummah Party Lawsuit on 4% Parliamentary Threshold in Indonesia’s Election Law

by Chief editor of world-today-news.com March 1, 2024
written by Chief editor of world-today-news.com

Jakarta –

The Constitutional Court (MK) did not accept the lawsuit Ummah Party regarding the parliamentary threshold (PT) of 4% which is regulated in the Election Law. The Constitutional Court stated that the applicant’s application lost its object.

The decision was read out in the Constitutional Court session on Thursday (29/2/2024). The plaintiffs in this case are the Chairman of the Ummat Party, Ridho Rahmadi, and the Secretary General of the Ummat Party, Ahmad Muhajir Sodrudin.

The applicant’s petition is:

1. Granting the Applicant’s Application in its entirety;
2. Declare that Article 414 paragraph (1) of Law Number 7 of 2017 concerning General Elections (State Gazette of the Republic of Indonesia of 2017 Number 182 and Supplement to the State Gazette of the Republic of Indonesia Number 6109) is contrary to the 1945 Constitution and has no binding legal force as long as it is not interpreted, “Election Contesting Political Parties must meet the vote acquisition threshold of at least 4% (four percent) of the number of valid votes nationally or seat acquisition of at least 4% (four percent) of the number of DPR RI seats to be included in determining the acquisition seat of member of the DPR.”;
3. Order that this Decision be placed in the State Gazette of the Republic of Indonesia as appropriate.
Or if the Constitutional Court thinks otherwise, ask for a decision that is as fair as possible (ex aequo et bono).

Article 414 paragraph (1) of Law 7/2017 reads:

(1) Political Parties Contending in the Election must meet the vote acquisition threshold of at least 4% (four percent) of the number of valid votes nationally to be included in determining the acquisition of DPR member seats.

After undergoing a series of trials, the Constitutional Court stated that it did not accept the applicant’s application. One of the reasons is that the Constitutional Court had already considered the object of review in the case, namely article 414 paragraph (1) of Law 7/2017, in the lawsuit filed by Tulisdem and had handed down a decision which was pronounced earlier in the trial on the same day.

“Declaring that the Petitioner’s petition cannot be accepted,” said the MK.

Watch the video ‘MK Decision: 4% Parliamentary Threshold Must Be Changed Before 2029 Election’:

(haf/imk)

2024-03-01 03:50:01


#accept #Ummat #Partys #lawsuit #parliamentary #threshold #removed

March 1, 2024 0 comments
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The CC pronounces on proposals from the Executive
 – 2024-02-17 08:18:51
World

The CC pronounces on proposals from the Executive – 2024-02-17 08:18:51

by Chief editor of world-today-news.com February 17, 2024
written by Chief editor of world-today-news.com
Armed Forces and Police in joint operations in Esmeraldas.

The Constitutional Court of Ecuador accepted this Tuesday a proposal to reform the Magna Carta, which will be submitted to a referendum, and which allows the Armed forces execute actions in the field of internal security in an “extraordinary, complementary and regulated” manner.

The Constitutional Court also issued opinions favorable to four other legal amendments promoted by the Government on extradition, special judiciaries in constitutional matters, arbitration between the State and private parties, and hourly labor contracts.

The entire process is framed in the proposal of the president of the country, the businessman Daniel Noboato call a multi-thematic popular consultation that seeks to end high insecurity, improve employment and promote investments.

The Constitutional Court, in a statement, announced that it issued a favorable ruling on the modification of the functions of the Armed Forces in the internal security of the State, since the Magna Carta exclusively assigns them external control of the country.

The ruling is due to an action by the National Assembly that on December 21, the Executive approved an initiative to partially reform article 158 of the Constitution, which would allow the Armed Forces to provide complementary support to the Police in the fight against crime.

The Court, however, eliminated phrases and considerations from the reform that, as it noted, “could affect the full freedom of the electorate.”

This reform establishes that the coordination functions between the military and police will be subject to the provisions of the President of the Republic and will be limited to the crimes of drug trafficking, asset laundering, arms trafficking, terrorism, illegal mining, extortion and intimidation, and organized crime. .

Likewise, the reform establishes that complementary support from the military may be provided when there is a serious internal commotion in the prison system.

Regarding the other four constitutional amendments reviewed in a second legal control, the Court reported that it issued favorable opinions on the “elimination of the constitutional prohibition on extradition of Ecuadorian persons” and “the incorporation of judiciaries specialized in constitutional matters.”

It also approved the amendments on “the permission of international arbitration between the State and private persons” and the “incorporation of hourly and fixed-term contracts into the labor regime.”

However, he conditioned that President Noboa “make concrete and verifiable changes in each of the proposals” to “guarantee their clarity and loyalty to the electorate.”

The Constitutional Court had validated ten of the twenty questions posed by President Noboa to be included in his plebiscite.

The popular consultation was promoted by Noboa before starting his mandate on November 23, when he replaced the conservative Guillermo Lasso (2021-2023), who inherited an acute crisis of insecurity and delicate economic problems.

Most of the questions in this consultation are aimed at solving the “internal armed conflict” that Noboa declared against the organized crime gangs, which he has described as “terrorists” and to which he attributes the wave of violence unleashed in prisons and streets. of the country in the last three years. EFE (I)

#pronounces #proposals #Executive

February 17, 2024 0 comments
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Prabowo-Gibran Ready to Face Presidential Election Dispute Lawsuit in Constitutional Court – Habiburokhman
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Prabowo-Gibran Ready to Face Presidential Election Dispute Lawsuit in Constitutional Court – Habiburokhman

by Chief editor of world-today-news.com February 16, 2024
written by Chief editor of world-today-news.com

Jakarta –

Deputy Head of TKN Prabowo-GibranHabiburokhman, said candidate pair number 02 Prabowo-Gibran ready to face the presidential election dispute lawsuit in Constitutional Court (MK). He said Prabowo’s party was ready to become a related party in the presidential election dispute lawsuit at the Constitutional Court.

“Paslon Prabowo Gibran is ready to face it as a related party if there is a competitor’s lawsuit at the Constitutional Court,” said Habiburokhman, in his statement, Friday (16/2/2024).

Habiburokhman said that the difference between Prabowo-Gibran’s votes and the votes of the other candidate pairs was almost 30%, so he admitted that he was not sure that there would be a lawsuit against the Constitutional Court.

“In fact, if we look at the quick count results where the distance between the votes and the closest competitor is almost 30%, we are not sure there will be a lawsuit at the Constitutional Court,” he said.

Regarding a number of allegations of fraud, Habiburokhman assessed that these were sporadic cases and the amount was far enough to change the results. Habiburokhman also admitted to having a number of pieces of evidence of alleged fraud that was detrimental to his camp.

“The various allegations of fraud that appear in the media are only sporadic cases whose numbers are far from significant enough to change the results,” he said.

“On the other hand, we also have a lot of evidence of alleged fraud which is detrimental to our side,” he said.

However, he considered that resolving the presidential election dispute at the Constitutional Court was a constitutional way.

“What needs to be underlined is that the resolution at the Constitutional Court is a constitutional means for all of us to resolve the problem,” he said.

(yld/zap)

2024-02-16 01:37:11


#TKN #PrabowoGibran #ready #face #Constitutional #Courts #lawsuit #results #presidential #election

February 16, 2024 0 comments
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The Constitutional Court taught the nation a lesson in the pension dispute
World

The Constitutional Court taught the nation a lesson in the pension dispute

by Chief editor of world-today-news.com January 24, 2024
written by Chief editor of world-today-news.com

We love those moments when the Czech nation sits down in front of the TV screens and watches a supremely unfunny show on them, as if it were the final of the world championship in chasing a puck with a piece of wood or a poaching competition combining hill running and shooting. That moment came on Wednesday after noon, and we must thank our political representation, positional and opposition, for allowing us the public announcement of the verdict of the Constitutional Court with its previous steps, and the court, especially the judge reporter Vojtěch Šimíčk, for using the opportunity and giving the nation an excellent unplanned lesson from civic education.

The decision of the court itself and the three dissenting opinions of judges Svatoně, Šámal and Fiala will still be subjected to deep considerations, the basic message will suffice for us. And it reads that the Constitutional Court, as the highest authority, did not find a violation of constitutional principles when approving the reduced valorization of pensions in 2023. With an underscore after the word “constitutional”.

We will point out two areas from the justification, which is still briefer. According to Vojtěch Šimíček, the court did not act in a vacuum in terms of the decision-making practice to date. In other words, he had something to follow up on, his decision was and is predictable. And this means, and this is already our comment on the matter, that the petitioners, a group of MPs from the YES movement, could, with good legal help, have anticipated the direction in which the court’s deliberations would go.

VIDEO: The opposition obstructed, the Constitutional Court said and rejected ANO’s accusations

Valorization of pensions: The opposition obstructed, the Constitutional Court said. And he rejected the accusations YES • ČTK/Blesk Zprávy

Which brings us to the urgent question of whether the filing itself was just a continuation of the political fight in parliament, which in itself is nothing wrong or offensive. The effort to involve the Constitutional Court in the political battle was inappropriate; he refused it, because he is not blind and stupid, and he did well. A symptom of this impropriety would naturally also be subsequent reactions referring to the occupation of a part of the Constitutional Court by President Petr Pavlo or replies like “that was to be expected” and the like. As expected, we saw these reactions almost immediately and it is only a matter of time before they erupt in full.

An important moment also occurred in the question of the alleged unconstitutionality of the parliamentary procedure, which led to the adoption of a reduced valuation. The court practically said that the controlling role of the opposition was not affected, that its MPs had enough space to express themselves, some spoke on the topic for hours and it could even have obstructionist features. Even if the Act on the Rules of Procedure of the Chamber of Deputies was violated, it would have to be a violation at the level of constitutional intensity. Which is again an important message: the parliamentary debate is working in the Czech Republic, the Constitutional Court will not play the role of a referee in an ordinary political match.

We mentioned civic education at the beginning. It is the eternal merit of Czech Television that it offers such educational programs to its viewers, with the small remark that it could fulfill its public right in this way on a daily basis. Each court hearing is a greater fulfillment of her role than Mr. Eben’s four rows of smiles in a show where some people dance and others applaud.

However, civic education in direct transmission has other main students: They are politicians who show how much they are unable to come to an agreement, how little they are able to accept political defeat, how they are looking for where else to transfer their unaccepted grievance. Or who they are willing to drag into the theater for their voters. Which unfortunately applies to politicians on all sides, it doesn’t matter who is currently rotating in which zodiac.

The Constitutional Court rejected this game.

The author is an editorial associate.


January 24, 2024 0 comments
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Amnesty Law and Section 112 Cases: Political Storm and Potential Impact on Thailand’s Future
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Amnesty Law and Section 112 Cases: Political Storm and Potential Impact on Thailand’s Future

by Chief editor of world-today-news.com December 15, 2023
written by Chief editor of world-today-news.com

In addition to “Ice Rakchanok”, there is also MP Kaoklai who used to be an activist. And at least 2 more people were prosecuted under Section 112, consisting of: “Toto-Piyarat Jongthep” Former leader of the Vivo group Currently a Bangkok MP, the prosecutor recently ordered charges to be filed with the Kalasin Court in the Section 112 case in mid-2023.

By “Toto” submitted 200,000 baht in securities requesting temporary release. Along with wearing an electronic ankle bracelet (EM), the court ordered a ban on derogatory activities. and prohibited from traveling outside the Kingdom

Next is “Lukkade-Chonthicha, inform quickly” former activist Political activist, currently an MP for Pathum Thani, Kaew Klai Party, has a Section 112 case currently being considered in the Criminal Court. From the middle of 2023 onwards, he was temporarily released.

For the Progressive Party, besides the Section 112 case, there is also a “big case” that risks leading to the “dissolution of the party”, that is, a case alleging that “Pitha Limjaroenrat” When he was the leader of the progressive party and “The Party Moves Ahead” Join together to campaign for a policy to amend the Criminal Code, Section 112, which is considered to be Overthrow the government or not?

In this case, the Constitutional Court has scheduled a further hearing on Wednesday, December 20, before hearing witnesses on Monday, December 25, 2023.
Another case related to the Kao Klai Party is the case of accusations that “Pitha Limjaroenrat” holding shares in the media company ITV Public Company Limited violates the constitution or not.

Status of this case: The Constitutional Court has prepared a witness hearing on December 20, 2023…after the inquiry is complete, it is expected that the court will make a decision. Available within January 2024.

The storm of the Section 112 case that has hit. “Go further” Therefore, it does not change that the party will take turns pushing for a change. “amnesty” political rally case That includes the Section 112 case as well.

Although the draft amnesty law It will be submitted to wait for inclusion in the agenda for consideration of the House of Representatives. But there is an opportunity for the Progressive Party to push it through the House of Representatives alone without the presence of a major party in the coalition government. The chance that the law will pass is very difficult because there are not enough votes from the opposition parties.

while “Pheu Thai Party” Despite supporting amnesty But it is not clear whether they will agree to include the Section 112 case or not, and attempts have been made to draft it. Amnesty Act To connect with the Progressive Party

First step of the Pheu Thai Party Will show the power of consensus among the 11 parties in the government, 314 votes, jointly submit a motion to the House. Appoint a special committee to study the details of the amnesty.

There are parties that have already agreed, such as Palang Pracharath, Chart Thai Pattana, Bhumjaithai, who are ready to support the amnesty through setting up a committee to set up a discussion circle. But an important condition was set: not to be involved in the Section 112 case.

Oppose amnesty, Section 112

as Anutin Chanvirakul Deputy Prime Minister and Minister of Interior Leader of the Bhumjaithai Party We have come out to reiterate that we will not touch Section 112. The standpoint of the Bhumjaithai Party is that we have no problem with Section 112 that currently exists. If there is an amnesty for those accused of political demonstration cases that are not Section 112, it would be reasonable.

as well as Ruam Thai Sang Chat Party Mr. Phongphon Yodmuangcharoen, or deputy spokesman of the party, came out to announce the latest party resolution that The party has a clear standpoint: Do not support amnesty But the party agrees that people with pure intentions in exercising their political rights from 2005 – 2022 will not be held liable, excluding three groups: those guilty of Section 112, those committing crimes related to corruption and misconduct and groups that commit crimes against other people’s lives causing death

Currently, the Ruam Thai Sang Chart Party, headed by Mr. Peeraphan Saleerathaviphak, party leader, has drafted the said law. which is called the Act on Creating a Peaceful Society to present along with All details were carried out under the party’s main stance. is to create unity and harmony

“The attitude of the Ruam Thai Sang Chart Party On the issue of amnesty, we insist that there must be no amnesty for offenders under Section 112, which is a sensitive issue, and those convicted of corruption and misconduct. and those who commit crimes that cause the death of others But we want immunity from punishment for people who carry out political activities with pure intentions. To create freedom of expression and create a peaceful society,” Mr. Phongphon said.

efforts of “Forward Party” in amnesty That will include the Section 112 case as well. Will it reach the dreamland or not? Let’s wait and see…

2023-12-15 01:30:00
#Section #case #Salang #moved #solo #amnesty

December 15, 2023 0 comments
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Former Peruvian President Kenya Fujimori regains freedom after 16 years in prison for human rights violations
World

Former Peruvian President Kenya Fujimori regains freedom after 16 years in prison for human rights violations

by Chief editor of world-today-news.com December 8, 2023
written by Chief editor of world-today-news.com

(Reuters, Lima, 6th) Former Peruvian President Alberto Fujimori was sentenced to 25 years in prison for human rights violations during his 10-year rule in the 1990s. He has been sentenced to 25 years in prison after the Constitutional Court yesterday reinstated the controversial 2017 amnesty order. He was released this evening.

Despite criticism from the Inter-American Court of Human Rights (IAHR) and the victims’ families, Peru’s highest-ranking Constitutional Court yesterday ruled on humanitarian grounds to resume the pardon appeal against 85-year-old Kenya Fujimori.

Kenya Fujimori has been in prison for about 16 years since he was extradited from Chile in 2007.

After Peru’s National Penitentiary Institute ordered Kenya Fujimori’s “immediate release”, local TV stations captured him leaving the prison and getting into a car live.

Local television footage showed a group of supporters and reporters pushing the car carrying Kenya Fujimori as it tried to leave the prison on the outskirts of Lima.

Earlier today, Catalina Ponce, a supporter of Kenya Fujimori, who was waiting outside the prison, said: “It’s time to end the injustice suffered by Kenya Fujimori. Thanks to him, our country can stand on its own feet.”

Kenya Fujimori’s supporters credit him with saving Peru from terrorism or economic collapse. But critics say he abused democracy and committed atrocities during the government’s fight against the Shining Path guerrilla group.

Kenya Fujimori was convicted in 2009 for ordering the massacre of 25 people in 1991 and 1992 during the government’s confrontation with the “Light Path”, but he was honored by former President Pedro Pablo Kuczynski on Christmas Eve 2017. pardon.

However, under pressure from the Inter-American Court of Human Rights and the victims’ families, lower courts have repeatedly revoked or suspended Kenya Fujimori’s pardon, but the Peruvian Constitutional Court restored the pardon order a few days ago.

Shortly after the order was issued, the president of the Inter-American Court of Human Rights asked Peru to halt the amnesty until “all the necessary elements” were in place to analyze eligibility.

Fujimori’s release comes as President Dina Boluarte’s approval rating drops to single digits, the lowest level within a year of her taking office since the ouster of her predecessor, Pedro Castillo.

After Boruarte took office, dozens of people died during anti-government protests, and Boruarte was also subject to a constitutional lawsuit by the Peruvian Attorney General. Central News Agency (translation)

Former Peruvian President Kenya Fujimori regains freedom after 16 years in prison for human rights violations

Former Peruvian President Kenya Fujimori regains freedom after 16 years in prison for human rights violations

#Peruvian #President #Kenya #Fujimori #regains #freedom #years #prison #human #rights #violations
2023-12-07 23:26:39

December 8, 2023 0 comments
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