The Principal Petitioners, H. Abullah Tuasikal (Regent of Maluku Tengah) and Asis Matulette (Chairperson of the Regional Peopleâs Legislative Assembly of Maluku Tengah) accompanied by their Attorneys Muhammad Asrun et al, at the examination hearing for Petition Revision, Monday (11/10).
Jakarta, MKOnline – The Constitutional Court held another hearing of case number 1/SKLN-VIII/2010 on Monday (11/10) morning at the panel court room of the Constitutional Court of the Republic of Indonesia. The case of dispute on the authority of state institutions was filed by the Regent of Central Maluku Abdullah Tuasikal and Chairperson of the Regional People’s Legislative Assembly of Central Maluku Asis Matulette. The hearing agenda was to hear the petition revision.
On this occasion, was present the Principal Petitioners accompanied by his attorneys, Muhammad Asrun et al.. while the Government was represented by: the Legal Bureau of the Ministry of Home Affairs Prof. Yudan Arief Fachrullah, Head of the Legal Bureau of the Ministry of Home Affairs Woede Siti Amini Rere and Head of the Legal Division of the Ministry of Home Affairs Erma Wahyuni.
The Petitioners stated that they have made revision to the petition according to the advices given by the Panel of Justices. The Petitioners, through their attorneys affirmed that, principally they still considered the minister of home affairs as not having the authority to determine the regional border of an area. Furthermore, the Petitioners continued, the enactment of Regulation of the Minister of Home Affairs number 29 Year 2010 concerning Regional Border of the Western Seram Regency with Maluku Tengah Regency in Maluku Province had impaired their constitutional right and authority as regional government.
“The territory has shifted and this disturbs the implementation of authority of the regional government,” Asrun explained.
“Regulation of the Minister of Home Affairs number 29 Year 2010 dated April 13, 2010 has impaired the Petitioners’ constitutional authority as well as the Petitioners’ constitutional right to manage the potential of the region under the regional government’s responsibility,” he continued.
Therefore, in one of their petitum, the Petitioners requested the Court to declare that the authority of the Respondent (Minister of Home Affairs) in relation to the determination of regional border is contradictory to the constitution.
Subsequently, after hearing the statement of the Petitioners, the Chairperson of the Panel of Justices Akil Mochtar (temporary substituting for the Chairperson of the Panel of Justices M. Arsyad Sanusi who was sick) questioned the progress of mediation suggested by the Panel of Justices in the previous hearing. “We have waited, but until now no mediation has been implemented,” Yudan said in response. (Dodi/mh)
Monday, October 11, 2010 | 12:28 WIB 249