One of the candidates for the Regional Head and Deputy Head of Jayapura district in 2011 filed a review of Article 58 letter c of Act 32/2004 regarding Regional Government to the 1945 Constitution to the Constitutional Court (MK) on Friday (30/3). Mosez Kallem cases listed as the applicant is registered with the Court Clerk No. 26/PUU-X/2012.
In the main petition, the Petitioner, represented by Abel Rumbiak as its legal counsel, argued that his constitutional rights guaranteed by Article 28D paragraph (1) violated due to the enactment of Article 58 letter c of the Government. Article 58 letter c Local Government Act states "Candidates of Regional Head and Deputy Head of the Indonesian citizens who meet the following requirements: (c.) educated at least senior high school and / or equivalent". According to the Applicant, in practice there is injustice and lack of clarity in the provisions of Article 58 letter c of the Act regarding the requirements to become a candidate for regional head and deputy regional head. Injustice and lack of clarity in Article 58 letter c of Law is located on the phrase "... senior high school and / or equivalent ...", as if viewed from the provisions of Article 115 paragraph (1) and (2) Regulation No. 17 of 2010 Concerning the Management and Operation Education is very unfair when someone who is non-formal education was later declared as if formally educated.
"The phrase caused injustice to the applicant, while others passed the registration of non-formal education. Based on the whole, we ask that the judges contrary to the 1945 Constitution, "he explained.
Harjono questioned the lack of clarity. Asked the Court to give firmness to what is meant by ‘secondary education’ as equivalent to Package C? Applicant aggrieved constitutional form of loss due to the enactment of Article 58 letter c of the Act. Constitutional Justice Maria Farida Indrati as Chairman of the Judges Panel proposed the applicant has not elaborated on constitutional harm experienced by the Applicant. "So just be regarded as one of the chief candidates. It should be explained that the constitutional rights guaranteed in the 1945 Constitution," he advised. (Lulu Anjarsari / mh/Yazid.tr)
Friday, March 30, 2012 | 16:27 WIB 129