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Act 33 of 2004, particularly Article 14 letter e and f on Financial Balance between Central and Local Government is considered to be set fairly and clearly about the financial relationship between central and local governments. Thus creating an unfair financial relationships, and harmony, and there is no inequality and the allocation of revenue sharing between central and local governments.

This was conveyed by the Government Representative, KA Badaruddin while giving a statement in the Plenary Session test case No. 71/PUU-IX/2011, at the Constitutional Court on Tuesday (7 / 12). Present in the Assembly, consisting of the Petitioners, the Assembly of People’s Unity of East Kalimantan, Luther coop, Bambang Susilo, and representatives from the Government.

Badaruddin further said that all data associated with the calculation of state revenues, especially in oil and gas sector has been audited by the State Audit Board (BPK). Therefore, the connection with the realization of the difference in the percentage distribution of oil and gas revenue sharing funds are channeled to the area, the government argues, it will not happen, because the process of disbursement of funds for the results of Natural Resources (SDA) which is based on the actual revenues that are in accordance with the source natural resources in question.

Based on the foregoing, according to the government, financial policy between central and local governments that have been implemented already embody justice and harmony, "And it is also based on the legislation that governs the relationship between central and local government," said Badaruddin.

Meanwhile, with regard to petroleum data that became one of the petition of the Petitioner. The Government believes that the funds are determined in accordance with applicable regulations, which was matched with data held by the government.” Only a government that has the full authority to submit data, including data to the parties concerned," said Badaruddin.

 

Petitioners’ expert

On occasion also heard expert testimony from the applicant, including Mudrajad Kuncoro. In a statement delivered, he said in explanation of the relevant government to reduce fiscal disparities, support national priorities, improve the quality of public services. However, Kuncoro see the facts, there is a balanced fund which is distributed to all regions in Indonesia, "Pang highest allocation of funds must be public. Revenue-sharing must be number two, "he explained.

While the revenue-sharing when it comes to natural resources, continued Kuncoro, apparently only the second largest after the general allocation fund. "Therefore, I wish the judges could see how the state Constitution in the area. Since I saw the condition of oil and gas in the area, it at most. Meanwhile, from the data in 2009 there is $ 40 trillion, and the portions are big enough, "said Expert Petitioner.

Keep in mind, in a previous trial, the Petitioners argue that the Law no. 33 of 2004 on Fiscal Balance, especially Article 14 letter e reads, "Oil Mining Revenue generated from the region concerned after tax and other levies in accordance with laws and regulations, shall be divided: 1. 84.5% (eighty-four and a half percent) for the Government, and, 2. 15.5% (fifteen and a half percent) for the region, while Article 14 letter f reads, "Revenue from natural gas produced from the region concerned after tax and other levies in accordance with laws and regulations, shall be divided: 1. 69.5% (sixty-nine and a half percent) for the Government, and, 2.30.5% (thirty five percent) for the Region. "

In the article a quo, "the phrase for Government 84.5% and 15.5% to 69.5% Regional and phrases to the Government and 30.5% for the Region, according to the Petitioners violated Article 1 Paragraph (1), Article 3 Subsection (1), Paragraph (3), and (4), Article 18A Paragraph (2), Article 28D Paragraph (1), Article 28I Paragraph (2), Article 33, Constitution of 1945. (Shohibul Umam / mh/Yazid.tr)

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