The trial continued testing of the Act 4 of 2009 on Mining, Mineral and Coal against the 1945 Constitution was held back by the Constitutional Court (MK) on Friday (24/2), in the Meeting Room of the Constitutional Court Panel. Number of registered cases with this 10/PUU-X/2012 East Kutai Regent filed by Ishan Noor.

In the trial to review the repairement, the applicant is represented by legal counsel Robikin Emhas, said it had improved application in accordance with the Constitution of the judges advice on the previous trial. Robikin also revealed a few corrections that have been included in the repair request. "There is a correction again and was put together. There is a provision as a consequence, if the foregoing is granted, then the consequences of this provision will also participate. So we input it. There is also an additional petition," he explained.

Justices of the Constitutional Assembly, chaired by Constitutional Justice Harjono, requested that the applicant wait for the next session of the call. "This petition will be brought to the Consultative Meeting to discuss what could be continued or not. Applicants are only waiting for the next session of the call," said Harjono.

In the main petition, the Petitioner felt that their constitutional rights violated by the enactment of Article 1 number 29, number 30, number 31, Article 6 paragraph (1) letter e and paragraph (2), Article 9, Article 10 letter b and c, Article 11, Article 12, Article 13, Article 14, Article 15, Explanation of Article 15, Article 16, Article 17, Article 18, as well as Article 19. Robikin explain these articles had violated Petitioner’s rights is governed by Article 18 paragraph (1) of the 1945 Constitution. "Article 18 paragraph (1) of the 1945 Constitution eliminates the administrative boundaries. However, Article 1 point 29 Mining Law actually hit the limit," explained Robikin at the preliminary hearing.

According Robikin, the Applicant was entitled to regulate the Government of energy, resources, and minerals in the area. "Whereas in Article 18A paragraph (2) of the 1945 Constitution is set up that the Regional Administration regulate the use of natural resources in accordance with the respective regional autonomy," he explained.

In addition, the applicant considers if the articles are still valid, then the Applicant as the regent of East Kutai can not manage and administer zoning of mining in the mining area. "It is actually influencing the opinion that the area does not impact on the implementation of programs for people who have been laid down in the budget," he said. (Lulu Anjarsari / mh/Yazid.tr)