Applicants from non-governmental organizations Wira Darma Putra when describing the judicial review of Act No. 5 of 1960 on Basic Agrarian (Act on Agrarian) to the Constitutional Court (MK) on Thursday (8 / 9) .

Non-Governmental Organization Darma Putra Wira performs judicial review on the Act No. 5 of 1960 on Basic Agrarian (Act on Agrarian) to the Constitutional Court (MK) on Thursday (8 / 9). Court Registrar was to register the case with Number 54/PUU-IX/2011.

Darma Putra Wira NGOs represented by R.M. Mustoro as Chairman of the General argues that Article 27 of the Agrarian Law has been violated Petitioner’s constitutional rights. Tengku Nusmir as the applicant’s attorney explained that the decision in Case Number 5/PDGT/1986 filed via Kediri District Court against the Agrarian Law and the 1945 Constitution, especially Article 33. "The reason of our contention was that we mean by the opposition because of the origin and basis of the plaintiff’s argument of the lawsuit. In the decision, Kediri District Court says that state land is as the land of the heirs.

"Although the verdict of Kediri in the first lawsuit the plaintiff was rejected, but in other decisions the latter is the decision of the Supreme Court Review has won all the lawsuits and granted the plaintiffs. What we fear this will be a jurisprudence that will be used by the courts to be a source of law and if this becomes a source of law of all lands controlled by state or country will be postulated as an inheritance the land than the people who claim to have the land it, "explained Nusmir.

In a preliminary trial, the judges’ panel consisting of Judge Mohammad Alim Constitution and Constitutional Justice and Constitutional Justice Sodiki Achmad M. Akil Mochtar as Member Panel Judge gives some suggestions for the improvement of the petition. Alim explains that the object of the petition requesting the Court to hear the Supreme Court is not the authority of the Court. "The authority of the Constitutional Court or the things that can be done by the Constitutional Court, or that could be tried by the Constitutional Court is seen in Article 24C Paragraph (1), the laws against the Constitution. Here, we tested is not the law, not the article of the existing agrarian, but its application. If our application is not authorized, it’s a problem law enforcement is not our business. If laws or norms are different, we can, "said Alim.

Meanwhile, Vice Chairman of the Constitutional Court recommends that Petitioner Achmad Sodiki improve the legal position contained in the petition as an NGO. Sodiki explained that the applicants may apply to the Court is simply perseorang citizen or legal entity. if you call non-governmental organizations, it is already there stating that Wiradharma Son is a legal entity or not yes. "If it is a legal entity, it should be legal entity or private entity of public law. This should be attached yes.If your behalf so, should have no power of NGOs Wiradharma Son to these gentlemen. But if you forward this not on behalf of legal entities, but you are a member of the NGO Wiradharma Son, can (the legal position as an) individual, "said Sodiki.

In the trial, the judges panel for 14 days to give time to the Applicant to make improvements. The next session would be repair requests. (Lulu Anjarsari/Yazid.tr)