Tedjo Bawono walked helplessly after receiving a copy of Courtâs Decision for the review of Act on State Treasury he filed. The Court decided to refuse his claim.
Jakarta-MKOnline, The Constitutional Court (The Court) refused the review of Article 50 of Act Number 1 of 2004 about State Treasury pleaded by Tedjo Bawono.The verdict was announced by all nine justices in The Court’s Plenary Room, Thursday (19/11).
In their consideration, The Court announced that the Petitioner’s right for compensation after he used his money to pay the electricity bill and tax on land and the building as decided by Surabaya District Court in their decision Number 07/Pdt.G/1999/PN.Sby, Surabaya High Court Decision Number 112/PDT/2000/PT.Sby, and Supreme Court Decision in the Cassation Number 3939 K/Pdt/2001, Case Review Decision Number 161 PK/PDT/2004, it should have been imposed to the State Finance.
“Therefore, because it is classified as a bill of a third party as mentioned in Article 2 letter b of Act Number 17/2003 or as government liability based on certain legal reason or another according to Article 1 number 9 of Act 1/2004. Article 38 until Article 40 of Act Number 1/2004 arranges about debt/donation whether in state or regional level,” said Constitutional Justice Harjono.
The Petitioner who eventually experienced troubles in getting compensation on the bridge loan despite the permanent court decision, it was merely a problem of implementation instead of conflict between norms.
“The Petitioner deserves compensation from the bridge loan he has paid. The President as the authority over state financial can arrange the settlement of payment of state debt arising from other legal reasons including debt to the state arising from court decision,” said Harjono.
Hence, The Court in the decision for this case considered that Article 50 of Act 1/2004 on State Treasury did not violate the 1945 Constitution thus the Petition had to be refused. “Stating that the Petitioner’s claim had to be rejected,” exclaimed Moh. Mahfud MD as the Chief Justice of The Court. (RNB Aji/YDJ tr.)
Friday, November 20, 2009 | 12:17 WIB 261