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Salim Alkatiri was re-filed reviewing legislation to the Constitutional Court (MK). He proposed Act 32/2004 regarding Regional Government, in particular to Article 5, paragraph (5) and Article 18 paragraph (4) the Local Government Act. These articles related to the formation of as usual, Alkatiri apply as an individual and without his legal counsel. 

Salim Alkatiri who often file a petition for a variety of law to the Constitutional Court, this time as the proposed testing of the Regional Group of individuals representing the Poor Fisherman Buru Island, Maluku. 

In his presentation before the panel chaired by Constitutional Justice Maria Farida Indrati, Alkatiri said that the island of Buru has the potential of natural resources is very large. Natural resources came from the sea in the form of fish. Tuna production in the sea area around the island of Buru disclosed Alkatir reaches 150 tons. 

According to Alkatiri, with abundant natural resources owned Island of Buru Island should deserve separated into its own province. "I ask Buru Island becomes the province in order to produce a lot of fish and can be sent to Jakarta and others. People are also no longer need to be migrants to the Arabs or to Malaysia, just enough to come to the island of Buru, "said Alkatiri explain the reason for his request. 

Alkatiri then explain the connection with the application of Article 5, paragraph (5) Law on Local Government. In Article 5, paragraph (5) The law stated that to establish a provincial areas are required to have at least five districts / cities. 

Alkitiri considers that the provision in Article 5, paragraph (5) the Act does not make sense. Because the island of Buru has abundant natural resources and it should become a new province if only consists of two districts, namely Buru District and South Buru District. 

Article 5, paragraph (5) reads, "(5) the physical requirement as referred to in paragraph (1) comprises at least 5 (five) districts / cities for the establishment of the province and at least 5 (five) districts for the establishment of the district, and 4 (four) sub district for the establishment of the city, the location of prospective capital, facilities, and infrastructure of government. "

 

Judges advices

Petition which was presented by Alkatiri then be commented on by the Panel of Judges will then provide advice or input. "It is the duty judge panel to provide advice to you to request you to be clear and well so that will be accepted to be tested," said one member of the panel of judges hearing this time, M. Akil Mochtar. 

Akil later added that the Petitioner filed a test stone so much that the applicant must expose one by one where the opposition norm. Akil later suggested that the applicant choose one of the articles in the 1945 Constitution which is used as a test stone so that the Petitioner does not need to explain one by one section of the tested norms conflict with the test stone.

 

Akil added that the petition is still mixed between the regional growth issues, smoking issues, and issues of natural resources on the island of Buru. 

Similar responses are also expressed by Mary, "Your application is still mixed. Petition from three to nine as well so obscure your request, "said Maria. 

While the other Panel members, Hamdan Zoelva asked why applicant wants to cancel Article 5, paragraph (5) and Article 18 paragraph (4) Local Government Act. In other words, Hamdan asked the main reason applicant wants to cancel the second chapter. Hamdan also assess the applicant intention was good but the case is filed is not clear. "You have good intentions but because the case is not clear, later can not be examined by the Court. Court will assess the request vague, "said Hamdan.

 

Hamdan at the end of his response suggested that the applicant look at examples of the application on other matters so as to know the systematic writing of the case are correct and clear. 

She also asserted that the Petitioner to improve his petition if you want to continue the case to the next trial. "Improving the request is given within 14 days including holidays," added Mary. (Yusti Nurul Agustin / mh/Yazid.tr)

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