The Constitution Judges Ahmad Fadlil Sumadi (Chairman), Accompanied by M. Alim and Harjono (Judge Members) delay within the specified time-related hearing testing Law. 34/2004 on the Indonesian military (TNI) because Petitioner Principal M. Riyad Setyarti are sick, on Tuesday (8/3)
Jakarta, MKOnline - Constitutional Court (MK) held a further session of testing the law of the Indonesian National Army (TNI) No. 34/2004 – case No. 9/PUU-IX/2011 –on Tuesday (8 / 3) at 13:30 pm in the courtroom of the Constitutional Court. Agenda of the session is an examination of the petition that has been in repair. Panel of Judges composed of Ahmad Fadlil Sumadi, M. Alim and Harjono.
But apparently the Petitioner named Moh. Riyad Setyarti told that he was ill through an official letter to the Panel of Constitutional Court Judges. “Therefore we postpone the hearing within the time prescribed,” said Judge Ahmad Fadlil Sumadi.
As known, in the previous trial (24/1) petitioner Moh Riyad Setyarti and Rasma AW are asked the institution to examine the TNI Law, Article 3 Paragraph (2) about the relation of coordination between the Indonesian military (TNI) with the Ministry of Defense (Kemenhan). Petitioner considered Article 3 paragraph (2) which reads “In defense policy and strategy as well as administrative support, TNI under the coordination of the Ministry of Defense”, harming themselves as citizens. Another article that is considered related to the above article is Article 15 Paragraph (7), (8), and (9), Article 66 Paragraph (2), Article 67 and Article 68 Paragraph (2) of the Act.
Riyad convene without a lawyer. He claimed to still find the right lawyer. The panel chaired by Judge himself Ahmad Fadlil Sumadi, accompanied Zoelva Hamdan and Muhammad Alim, asked the Petitioner should be accompanied by legal counsel for the petition could be presented more systematic and structured. "Act that being applied is also very urgent," said Hamdan. Suppose
When giving an explanation, Petitioner admitted the presence of the articles which he put on trial have a potential to provide opportunities and chances to foreigners to steal crops in Indonesian waters. “There are increasing in threats to the nation of Indonesia for smuggling explosives in the presence of this article. In addition, if the TNI under the Department of Defense, it violate Article 10 of the 1945 Constitution. It supposes to be like Article 10, the military under President” Riyadi said. Article 10 The (1945) Constitution reads "The President is the Supreme of the Army, Navy, and Air Force"
Petitioner added, because it’s under the Department of Defense, the protection of citizens to be reduced. there for, in his Petitum, he demand that the Court to decided the articles petitioned is against the 1945 Constitution and has no legal binding. After hearing an oral explanation Applicant, Judge Hamdan Zoelva asked Petitioner for studying examples of requests that had been submitted to the Court. Because, in the petition format it’s unclear what is being applied for, and no obvious loss suffered. (Nano Tresna A./Rangga)
Tuesday, March 08, 2011 | 15:16 WIB 166