Purchase of seven per cent stake divestment of PT. Newmont Nusa Tenggara (PT NNT) by the government eventually led to the Constitutional Court. Case authority dispute of state institutions with the case number 2/SKLN-X/2012 is filed by the President through the Minister of Finance and Minister of Justice and Human Rights. House of Representatives and the Supreme Audit Agency each acted as Respondent I and Respondent II.

Panel Session of the preliminary case held on Tuesday (21/2) afternoon, at the Plenary Court Room. Mualimin Abdi from Ministry of Human Rights and Secretary General of the Ministry of Finance Kiagus Ahmad Baharuddin attended the trial along with some of his staff. House of Representatives was represented by Legislation Deputy Secretary General of the House Johnson Rajagukguk and Rahmi. While the present Chairman of BPK Hadi Purnomo was accompanied by several staff members.

In essence, there are two different views between the Petitioner and the Respondent in view of the investment process in PT. The NNT. The government argues, it has the constitutional right to make investments by purchasing seven percent share divestment of PT. NNT without the consent of the Respondent I. While the Respondent argues the opposite, that the Government must be approved by parliament before the capital invested.

According to Petitioners, the purchase of shares was under the authority of the Minister of Finance in carrying out its functions as the Treasurer of the State. Moreover, according to Petitioner, the purchase of these shares was in order to increase people’s welfare. "Provide maximum benefit according to the state goal," said Kiagus.

The legal basis for the Government in doing so, said Kiagus, at least contained in Chapter VIII of the Finance Act of 1945 and also Article 6 paragraph (1) of Law No.17 of 2003 on State Finance. "Applicant believes the financial shareholders have the constitutional authority under Article 4 paragraph (1), Article 17 paragraph (1), Article 23C and Article 33 paragraph (3) of the 1945 Constitution."

Accordingly, the Applicant concludes that the Government has the constitutional authority to manage state finances, including investments by purchasing seven percent divestment of shares in PT. NNT. Thus, with the difference of views between the Petitioner and the Respondent, the Government considers that, right or authority has been taken, prevented, and / or ignored. "I have been harmed by the Respondent and the Respondent II," said Kiagus.

Furthermore, the Constitutional Court Panel consisting of Achmad Sodiki, Harjono and Hamdan Zoelva was eventually provided some suggestions for improvement. According to them, the application is pretty good although there are some changes that need to be done.(Dodi / mh/Yazid.tr)