The Constitutional Court held a trial for verification of Improved Petition in the review of Act No. 39/2007 about the amendment of Act No. 11/1995 about Customs (Act on Customs) filed by the Governor of West Nusa Tenggara, H.M. Zainul Majdi, MA, Tuesday (6/1), at the Court s Panel Room.

In their improved petition, the Petitioner demanded the Court to annul Article 66A paragraph (1) of Act on Customs due to its violation against Article 33 paragraph (4) of the 1945 Constitution. The editorial of the article reviewed is: State Income from tobacco customs mentioned: State Income from customs on tobacco produced in Indonesia is distributed to provinces producing customs on tobacco as much as 2% (two percent) to be used in funding the quality improvement of raw material, industrial development, social environment development, socialization of regulations in customs, and/or eradication of illegal customs imposed goods.

It was also made clear that the Petitioner of this case was the Government of West Nusa Tenggara Province represented by the Governor. West Nusa Tenggara as the biggest tobacco producing province in Indonesia (In 2008: 46.824 tons/22.824 Ha) felt troubled over the enactment of Article 66A paragraph (1) because in reality, the customs from tobacco was only distributed to customs producing provinces, in this case provinces possessing a cigarette company, meanwhile there was no such company in West Nusa Tenggara.

“If our province do not receive a part of the customs, then there will be a problem in improving the raw material quality, developing industries and social environment,” said Andy Hadiyanto, the Petitioner s Legal Counsel.

In the next trial, Andy planned to present an Expert on Macro Economics, DR. Basuki Prayitno from Economics Faculty of Mataram University and Expert Staff for Governor in Environment and Agriculture, Samsul Dilaga. Meanwhile, the witnesses to be presented were members of tobacco producer association in West Nusa Tenggara and Head of Regional Income Division of West Nusa Tenggara Province. (Wiwik Budi Wasito)

Photo: Doc. of CCRI PR/Luthfi WE

Translated by Yogi Djatnika / CCRI