Establishment of Lingga District questioned
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Since the Law was passed. 31/2003 on the establishment of District Lingga, Petitioner argues has suffered a loss of constitutional, because there are unclear boundaries with the province of Jambi Province of Riau Island (Riau). Based on that fact, the Applicant conducts a judicial review of this Act, on Friday (13/4) afternoon at the Plenary Meeting Room of the Constitutional Court (MK). The applicant is H. Hasan Basri Agus et al, accompanied by their legal counsel of Dr.Muhammad Asrun & Partners (MAP) Law Firm.

Petitioner argues, it suffered a loss since passed constitutional Law. 31/2003 because there are unclear boundaries between the Province of Riau Islands province of Jambi, especially between adjacent Tanjung Jabung regency in Jambi province with District East Lingga Riau Islands Province.

"Unclear boundaries that arise from the preparation of Law 31/2003 which ignore the rules of the establishment of laws and regulations as stipulated in Law no.10/2004 on the establishment of legislation that has been replaced by Law no.12/2011 on the establishment of legislation, "explained the petition to the judges in the preliminary hearing.

In addition, the provisions of Article 5 of Law no. 31/2003 with the determination of district boundaries that transcend borders Lingga Riau Islands province, according to Petitioner, there have been errors in the process of establishing formal Law. 31/2003. The reason, it is against the establishment procedures of legislation.

Article 5 of Law no. 31/2003 states, "(1) District boundaries Lingga has: a. north bordering the District of Galang City of Batam and South China Sea; b .. the east by the South China Sea; c. the south by the Sea and the Strait of Bangka idols; d.west bordering the Sea of Indragiri ... "

The applicant went on, the provisions of Article 5 of the Act implications Riau Islands Province territorial expansion, particularly related to the affirmation of the District boundary c Lingga paragraph (1) Article 5 of Law no. 31/2003, namely that "Lingga District has boundaries, the south by the Sea and the Strait of Bangka idol."

"Whereas Article 3 of Law no explanation. 25/2002 confirms’ in the Riau Islands law does not include the island of idols. Because the island idols included in the administrative area of Jambi province, according to Law no. 54/1999 on the establishment of Sarolangun district, Tebo regency, Jambi Muaro District and Eastern District Tanjung Jabung Jambi Province, "said the Applicant.

Added to the Petitioner, the provisions of Article 5 paragraph (1) Law no. 31/2003 can be interpreted the formation of a new administrative regions, namely Lingga District, Riau Province has expanded its territory without first through the amendment process of Law. 25/2002. If this is justified, then legal action first thing to do is amend the Law no. 25/2002.

"When the said Article 5, paragraph (1) Law no. 31/2003 have the force is stronger than the charge Explanation of Article 3 of Law no. 25/2002, and based on textual interpretation and explanation Article 3 of Law no. 25/2002, has been turned off by the presence of Article 5 paragraph (1) Law no. 31/2003, "added the Applicant. (Nano Tresna Arfana / mh/Yazid.tr)


Friday, April 13, 2012 | 20:41 WIB 170