Petitioner’s Expert: Regional Producer Should Have Sufficient Distribution
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Financial Relations between Central and Local Government in the Act are set proportionally and comprehensive. Nevertheless, the region should get a much more adequate distribution. If not, will prove what was said in the classic institutions that "Chickens die of hunger in the granary." Is not the case in this trial proves the threat of starvation when they were still in the granary.

This was stated by the Petitioner Expert Saldi Isra, Professor of Law Faculty of the University of Andalas, Padang, when giving testimony in the trial of Case No. 71/PUU-IX/2011 on reviewing Act No.33 of 2004, particularly Article 14 letter e and f, on the Financial Balance between Central and Local Government against the 1945 Constitution. Agenda of the session, led by Deputy Chief Justice of the Constitutional Court Achmad Sodiki hearing testimony Expert / Witness of the Petitioner and the Government.

In this trial, Saldi also said that the formulation of the norm in such article will give a dark alley and potentially harm-producing areas. The phrase can also be used to reduce income for results that are very small. "Therefore, a question arises why oil producers only get 15.5%, and 30.5% natural gas producer," asked Saldi, when describing his statement.

Other Applicants expert, Irman Putra Sidin said that Local Government is an area that is always directly in contact when the levels of welfare decline, inadequate education, causing failure experienced by our society smarter. More than that, he says, the region also has an important role for peace timeless and social justice for all people. "Therefore, it is necessary to mention in the constitution of authority relations and financial relations, considering the really big expectations for all regions in Indonesia, to achievement goal states," says this expert in Constitutional Law.

On the same occasion also presented witnesses from the Government, including Tanah Datar Regent of West Sumatra, Shadig Pasadigoe. In his statement, he said that in Article 1, paragraph 1 of the 1945 Constitution reads, "The State of Indonesia is a unitary state with a Republican form." Article of this, he has mandated all regions in Indonesia is a unit in the country of Indonesia. "So the resources nature, must reflect the economic unity, not only used for the benefit of the people producing regions, "explained the Tanah Datar Regent.

The same thing also submitted by the Secretary of the Regional Province of East Nusa Tenggara (NTT), Francis Salem. According to him, when the Province of East-Timor Leste Timor are now separate from Indonesia, there are about 350 thousand people from the East-Timorese go and live in the province. "This poor region should take care of his brothers in distress. That is, in conditions of poverty still consider our brothers that hard, "he explained. Until now, continued Francis, we continue to struggle in the Republic of Indonesia (NKRI). "Therefore, we believe the judges will pay attention to our explanation, even though we were poor, but we believe, we live and stay in the banner of unity Homeland. And, the natural wealth that is in it will be divided equally to us who do not have the source- natural resources, "said Francis, a witness from the Government.

As reported previously, the applicant consisting of the People’s Assembly Uniting East Kalimantan, Sundy InGaN, Andu, Luther coop, H. Awang Ferdian Hidayat, Muslihuddin Abdurrasyid, and H. Susilo Bambang argued that the Law no. 33 of 2004 on Fiscal Balance between Central and Local Government, particularly Article 14 letter e, which reads, "Oil Mining Revenue generated from the region concerned after tax and other levies in accordance with statutory regulations, be divided : 1.84.5% for the Government, and, 2. 15.5% for the Region ". Meanwhile, 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% for the Government, and, 2. 30.5% for the Region. "In this article," the phrase for Government 84.5% and 15.5% to 69.5% Regional and phrases to the Government and 30.5% for area, according to the Petitioners violated Article 1 Paragraph (1), Article 3 Paragraph (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)


Wednesday, February 01, 2012 | 16:13 WIB 94