Principal applicant in case the test of Article 36 paragraph (1) and (2) of Law 32/2004 on Regional Government, Windu Wijaya, claimed to have improved the petition. He said the improvements are in accordance with the advice of the Constitutional Panel on the previous trial. It expressed by Windu on Improvement Petition at the hearing on Monday (26 / 9) in the courtroom of the Constitutional Court Panel.
In addition to Windu, in case there are also a number 50/PUU-IX/2011 other applicant, Anwar Sadat. However, in Anwar's trial did not come this time.
The article was tested by the applicant about the procedure permits the examination of cases involved the head area of law by the president. Article 36 paragraph (1) Local Government Act states, "Action inquiry and investigation against the head region and / or deputy regional head held after the written approval of the President at the request of investigators."
While subsection (2) it reads, "In terms of the written consent referred to in paragraph (1) is not given by the President at the latest within 60 (sixty) days from receipt of the application, the process of inquiry and investigation to do."
According to Petitioner, with the stipulation that, then there has been discrimination. There is a difference between the fates of ordinary citizens with citizens who are serving as the regional head. "Citizens of other countries do not get special treatment or the same as given to the head region and / or Wail regional head," said Windu.
Therefore, he argues, it has impaired his constitutional rights. "Because he had no constitutional basis," he said.
After listening to the Petitioner, the trial was finally closed by the Chief Judge of the Constitutional Panel Anwar Usman. Earlier, Anwar has also made ratification of the evidence filed by the Petitioner. (Dodi / mh/Yazid,tr)
Wednesday, September 28, 2011 | 10:37 WIB 195