The Review of Act 7/1989 on the religious court, Law no. 51 of 2009 on State Administrative Court, and Act 49 of 2009 on the third session of the General Court into a court hearing agenda Petitioner's witness, an applicant, and the opening statement of the Government, on Thursday (31/5). The trial is filed by an administrative court judge of Semarang, True Satya Bhakti was present Commissioner of the Judicial Commission (KY) who is also Chairman of the Human Resources Research and Development KY, Jaja Ahmad Jayus as a witness by the Petitioner. Former Menkumham Yusril Ihza Mahendra was also present to give testimony as an expert from the Petitioner. Jaja expressed in his statement that based on the results of the research while a judge of the Judicial Commission about the problems in deciding, protests of the judges in the relevant areas of welfare. "Salaries of judges today are still based on the provisions as a civil servant, of course, there are basic salary, allowances of judges, and performance benefits. To the problem that the performance benefits of judges in the various regions were obtained by 70 percent and it was paid for three months, not every month," said Jaja in the presence of Chairman of the Plenary Maria Farida Indrati. Jaja then went on, when the Judicial Commission to investigate within the framework of the selection of supreme court justices, the commissioners who came to these areas, including Jaja found living conditions concerned candidates for Supreme Court justices." We came into the workings of the candidate-judges and justices were also coming into their homes. We found that there is a place of residence in the home office, there is also in the dormitory that has been provided but the fact that I see directly, the official residence occupied by the appellate judges are far from reasonable, ranging from the condition of housing, furnishings, furniture, etc.," Jaja said. According to Jaja, whereas in the Act as has been stated that the judge should state officials get right on it. In fact, continued Jaja, a candidate with the status of justices of high courts of vice-chairman of the welfare state when compared with local officials in stark contrast. "There was a high judge also went to court, where he worked, on a motorcycle when we compare it with officials at the local level using the most Head Kabiro wheels or four," she added. Similar conditions were also found Jaja being experienced by the judges at the first level. Judges were first identified by the facility's official residence Jaja. "Finally, because the conditions are poor, they fix themselves up out of eight million and replaced only by a court of 4 million. The number of home offices is available at each court was not enough for all the judges who served on the court in which he worked. Even there who have to move next door was rented for the litigants, and then the one-year contract money simply disappeared," Jaja said about the state of residence of the Supreme Court candidates. Meanwhile, as an applicant submit Yusril matters related to the systematic establishment of regulations and related interpretations requested by the applicant. Begin his testimony, Yusril said the provisions in Article 24 paragraph (6) Religious Courts Law, Article 25 paragraph (6) State Administrative Law, and Article 25 paragraph (6) Act filed by the Petitioner are potentially create legal uncertainty materially."What exactly is meant by legislation, while the Law no. 12 of 2011 has clearly mentioned what is the meaning of legislation, ranging from the Constitution, the MPR, Law, Government Regulation in Lieu of Law, Government Regulation, and Regulation of the President and so on. So to say that the next will be regulated by legislation, it will pose a question mark, whether the form of regulations that further legislation will set the rules mentioned in the third article pleaded before," said Yusril. So that when held assumptions, continued Yusril, possibly intended as a form of legislation is the Law, Government Regulation, Government Regulation in Lieu of Law, or Regulation of the President. Meanwhile, if viewed from the point of formation legislation formally, Yusril asserted that the articles are filed by the Petitioner does not contain the clarity of the formulation. "What is unusual is that if a norm in the law commanded that is regulated by another Act expressly stated so or that will be set by government regulation, as well as president of regulatory and other forms of other legislation. Thus, it is better had the meaning of this legislation as requested by the applicant, namely that the formula is set by legislation in the three chapters of this test can be given a strict interpretation meant that the government regulations, "Finally, Yusril reiterated to the applicant and it was chosen for the sake of clarity in terms of material and to fulfill the terms of the formation of laws and regulations as stipulated in Act 12/2011 on the Establishment Regulation Legislation. (Yusti Nurul Agustin / mh/Yazid.tr)
Friday, June 01, 2012 | 13:40 WIB 133