Act on Police no. 2/2002, as proposed by Erik as petitioner in the Constitutional Court (MK) has entered its second session. With case No. 33/PUU-X/2012, the applicant who came himself said he has improved his petition.
"We’ve tried to fix the systematics. While the legal position has not changed much, "said the applicant when attempting to explain the improvement in the Constitutional Assembly, led by Muhammad Alim, was accompanied by Akil Mochtar and Anwar Usman, each as a member, Friday (27/4) at the Plenary Court Room.
However, the applicant said he had more to add in the subject application. "More basic applications, which we have fixed the specifics of each chapter," he said.
Then the panel chairman, Alim certify the evidence filed by the Applicant. "The evidence which you propose we declare invalid. Later next Panel will report to the plenary on the follow-up of your application, "said Alim when going to end the trial before the Friday prayers.
As proclaimed at earlier hearing, Erik reviewed 2/2002, Article 15 paragraph (1) letter g, Article 15 paragraph (2) letter a, Article 15 paragraph (2) letter b, Article 15 paragraph (2) letter c, Article 16 paragraph (1) letter a, Article 17, Article 18 paragraph (1), and Article 18 paragraph (2). According to him, the articles are contrary to Article 28, Article 28D paragraph (1) and Section 28E of the 1945 Constitution, as well as these articles do not have binding legal force.
In one statement, Erik objected to the licensing authority held by the police as stipulated in Article 15 paragraph (2) letter a of the Police Act. Such a case, he said, contrary to Article 28, Article 28D paragraph (1) and Section 28E of the 1945 Constitution.
Erik added use of the word, "... other community activities ..." which is associated with the licensing authority, set limits of authority are not clear. In addition, potential abuses and does not provide legal certainty because of the wide scope of community activities.
On the other hand, Erik is also said, the provisions granting authority to impose norms of driving a motor vehicle license under Article 15 paragraph (2) letter c of the Police, have exceeded their authority and limit the constitutional rights of citizens guaranteed in Article 28C Paragraph (1) and Article 27 Paragraph (2) of the 1945 Constitution.(Shohibul Umam / mh/Yazid.tr)
Friday, April 27, 2012 | 16:08 WIB 124