The Constitutional Court (MK) finally declared the petition of Act 10/1999 review on the Establishment of Regional District Kindergarten II Bengkayang and Act 12/2001 on the Establishment of Singkawang - Case No. 18/PUU-X/2012 - is unacceptable.
"Amar verdict hearing, the petition states is unacceptable," said Chairman of the Plenary Mahfud MD read out, accompanied by other constitutional judges, the verdict in the trial Court, Tuesday (1/5) afternoon.
Having noted the decision of the Court No. 016/PUU-III/2005, dated October 19, 2005, and the arguments associated with the applicant regarding the constitutionality of Article 3, Section 5, Article 6 paragraph (1), General Explanation of paragraph unity, A general description of the second paragraph, Explanation of the fourth paragraph of Law No. .12/2001 on the establishment of Singkawang, the Court found no legal grounds upon which different testing these articles.
Court said, Article 60 of the Law Court stated, "Against the substance of the paragraph, chapter, and / or the inside of the laws that have been tested, cannot be petitioned again". Similarly, the provisions of Article 42 paragraph (1) of the Constitutional Court No. 06/PMK/2005 stated, "Against the substance of the paragraph, chapter, and / or sections in the Act that have been tested, cannot be petitioned again".
Therefore, the petitioned article has been disconnected and there is no distinct constitutional reason, then the Court, applications will not be filed again.
Thus, according to the Court, because the losses are the same as postulated in the substance of the petition which had been No. 016/PUU-III/2005 decided by the Court dated October 19, 2005 the applicant is considered not to have legal status (legal standing). "Therefore the application is not considered essential," said Mahfud.
As is known, from 1999 to the present or the past 13 years continuously applicant named Minhad Ryad has been championing the aspirations for the River District Kingdom, Regency Bengkayang coupled to Singkawang. But it was totally ignored Parliament and Regent Bengkayang Bengkayang. "They do not care about the people and do not have the political will," said the Petitioner in his petition.
These conditions cause the applicant continues to suffer losses and potential factual. According to the applicant, if the Sungai Raya District merged into Pontianak regency, the losses Petitioner is lost. (Nano Tresna Arfana / mh/Yazid.tr)
Wednesday, May 02, 2012 | 07:13 WIB 180