In principle, if a regency was formed as an expansion of an area, then the area should have had its own government and no longer connected to the main regency. That was told by Prof. Dr. Harun Al Rasyid, an Expert from the Petitioners side at the fourth trial on Election Case No. 28/PHPU.D-VI/2008, Tuesday (18/11), at the Plenary Court Room of the Constitutional Court.

The Expert s information was used to comment on the event of Election in Donggala Regency based on letter KPU 2371/15/7/2008 dated July 14, 2008 which still included Sigi Regency as a part of Donggala Regency. However, since the Act on Sigi Regency No. 27/2008 was put into effect, there was no change in the Election Commission Decree about the organizing of the election.

According to the Petitioners, based on Article 2, 3, and 4 of Act on Sigi Regency, then the area of Donggala Regency was reduced by Sigi Regency. According to the Petitioners, the people living in 15 Districts in Sigi did not have to participate in electing Regency and Vice of Donggala.

Responding to the information from the Petitioners Expert, the Petitionees Legal Counsel, Arifin Musa, commented that the issuance of that Act, did not automatically make Sigi Regency an independent area, and it still needed a process of forming a governmental structure. ”Six months time are given for Sigi Regency to form their governmental system,” explained Arifin; as the result within that six months period, Sigi Regency were still under the control from Donggala Regency.

Besides that, Arifin also questioned, “Actually whose constitutional rights are actually damaged with the enactment of Act on Sigi Regency, the Petitioners or the People of Sigi?” asked Arifin, because the Election Commission had informed all candidates that they could campaign in Sigi area even all candidates also got some votes in that regency.

With that statement, the Petitioners, Ahmad Ariefianto, commented that one day the Sigi Regency would get their own voting rights and no longer join the election area of Donggala. ”In fact, we are the one whose constitutional right was damaged by the participation of Sigi Regency in Donggala Election,” explained Ariefianto.

Speaking in the same tone with the Petitionees, Constitutional Justice Ahmad Sodiki asked the Petitioners that according to the Article 19 and 20 of Act on Sigi Regency, before the Government of Sigi Regency set the Regional Decrees and Regent s regulations as the explanation of the Act, all regional decrees and Donggala Regent s regulations so long as they did not violate the act still applied and carried out by Sigi Government. “Therefore, during the vacuum of power, under whose supervision is Sigi Government?” questioned the Professor from Brawijaya University.

Harun answered that ideally a government undergoing an expansion had to be ready with its governmental system. “What is the effect of the expansion if they are not ready,” said Harun

The trial which was also scheduled for examining evidences from the Petitioners and Petitionees ended at 12.00 WIB and would be continued by Decision Announcement on Monday (24/11). (Andhini Sayu Fauzia)

Photo: Doc. MK PR/Ardli N

Translated by Yogi Djatnika / MK

Tuesday, November 18, 2008 | 14:24 WIB 228
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