GN-PK vs Ministry of Religious Affairs’ Dispute Authority Not Received
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The Constitutional Court declared the application authority dispute of state institutions (SKLN) filed by the National Movement for the Eradication of Corruption (GN-PK) cannot be accepted. Therefore, the GN-PK is not a state agency that is entitled to SKLN to the Constitutional Court. Declared by the Court in its decision No. 4/SKLN-IX/2011 was read in the plenary session of reading verdict on Thursday (24/11) afternoon, at the Plenary room.

"After looking at the petition, it turns out that the applicant is the National Movement for the Eradication of Corruption (GN-PK) which is a non-governmental organization that is not a State agency," wrote the Court in its decision. 

Thus, the Court continued, the applicant is not a SKLN as stipulated in Article 24C paragraph (1) of the 1945 Constitution, Article 61 paragraph (1) of the Constitutional Court, Article 3 paragraph (1) Constitutional Court Regulation Number 08/PMK/2006 on Guidelines for examining Dispute Institutions in Constitutional Authority of the State.

"Therefore, assessment of the authority of the Court and the Status Law (legal standing) Petitioner in the Petitioner SKLN cumulative and based on the assessment of the Court, the applicant is not a state institution that does not have the qualifications to apply for SKLN. Thus, the Court has no authority to hear the petition a quo, "said the Court. 

"Based on the assessment of facts and law as described above, the Court concluded, the Court has no authority to adjudicate the petition a quo; Principal Petitioner’s petition is considered," said Chief Justice of the Constitutional Court, Moh.Mahfud MD conclusion when reading the verdict.

Previously, the GN-PK is the petition questioning the authority of the inauguration of the Head Office of the Ministry of Religious Affairs in the province throughout Indonesia by the Ministry of Religious Affairs. According to the applicant that pursuant to the provisions of Article 4 letter h Government Regulation No 19/2010 regarding the Implementation Procedures and Powers and Duties of Financial Position as Deputy Governor of the Provincial Government in the Region, which has the authority appoint the Head Office of the Ministry of Religious Affairs is the Governor. (Dodi / mh/Yazid.tr)


Friday, November 25, 2011 | 14:57 WIB 112