The Petitioners are Indonesian Corruption Watch (ICW) represent by Coordinator Danang Widoyoko, Director Pukat Zainal Arifin Mochtar from Gadjah Mada University, Teten Masduki, and Lecturer Faculty of Law Andalas Feri Amsari improvement petition cases registered with No.73/PUU-IX / 2011 which is filed in the Hearing Panel at the Constitutional Court, (18/11). Fourth Petitioner argues that Article 36 of the Local Government Act against the 1945 Constitution.
As for Article 36 of the Regional Government Law which is considered contrary to the Article 36 Paragraph (1), Paragraph (2), Paragraph (3), Paragraph (4), and Paragraph (5) Law no. 32 of 2004 on Regional Government, as amended by Law no. 12 of 2008 concerning the second amendment of Law No. 32 of 2004 on Local Government.
In the trial, Emerson Yuntho as one of the legal counsel of the Petitioners say that the case file has been added, including at the beginning of the application. "We just added at the beginning of the Act no. 32 of 2004 on Local governments, as amended by Act no. 12 of 2008 concerning the second amendment of Act No. 32 in 2004, "the attorney said.
While Emerson also said that the corruption cases of regional heads of around 61 cases, alleged by the Petitioners are still stuck in the Cabinet Secretariat, so that a complete proof has not been obtained. "After a request for information (description of cases of corruption), the Government only gives how many licenses are out, but did not say how many letters are stunted and letters that are not processed," said Emerson Yuntho.
After seeing and hearing improvement petition of the Petitioners, M. Akil Mochtar, as leader of the hearing to request the applicant to wait for the results of the Consultative Meeting. "Applicants were told to wait for the Consultative Meeting, opened the plenary session what does not? While you are asked to prepare experts and witnesses, to be submitted secretariat, "the Constitutional Court’s suggestion.
Previously, the Petitioner argues that the provisions of relevant written permission of the investigation and investigation of regional head and deputy regional head against the principle of independence of judiciary (independent judiciary), contrary to the principle of equality before the law, and contrary to the principle non-discriminatory. Therefore, Article 36 Paragraph (1), Paragraph (2), Paragraph (3), Paragraph (4), and Paragraph (5) Act no. 32 of 2004 on Regional Government, as amended by Act no. 12 of 2008 concerning the second amendment of Act No. 32 of 2004 on Regional Government contrary to the 1945 Constitution, especially Article 24 paragraph (1), Article 27 paragraph (1), Article 28D paragraph (1), Article 28I paragraph (2). (Shohibul Umam / mh/Yazid.tr)
Monday, November 21, 2011 | 10:17 WIB 227