For the sixth time, Article 58 sub (o) Law. 32 of 2004 on Regional Government (Regional Government Law) re-tested constitutionality to the Constitutional Court. The trial of this case Number 60/PUU-X/2012 with the preliminary agenda of the Constitutional Court is chaired by M. Alim take place on Friday (29/6), at the Plenary Room. East Barito Regent Zain Alkim listed as an applicant in this case.

Karim Jamal expressed as the attorney of a constitutional right to petition was selected in the Election District East Barito disadvantaged by the enactment of Article 58 letter o Law on local government. Article 58 letter o the local government Act states that "Candidates of Regional Head and Deputy Head of the Indonesian citizens who meet the following requirements: (o) has never served as regional head or vice regional head for 2 (two) times a term in the same position ".

"The applicant selected for the first time through 131.42-385 SK numbered 2003 on the dismissal and the East Barito Regents approval in 2003 and served for the period 2003 to 2008. Then after 5 years since the inauguration, the inauguration of the elected East Barito Regent back for the period of 2008-2013 and was appointed by the Governor of East Kalimantan, "said Jamal.

Then on March 1, 2012, explained Jamal, Petitioner sent a letter to Regency East Barito still asking whether the applicant can apply to the District Election East Barito, but based on the reply letter from the East Barito Regency, the applicant can no longer participate. "Regency East Barito explained under Article 58 letter o Government Law, the Petitioner cannot keep re-election in 2013. Enactment of Article 58 sub (o) of the Government to the applicant is equal to or retroactive retroactively imposing this Act to the Applicant, and enforcement is clearly contrary to Article 1 paragraph (3), Article 28D paragraph (1) and Article 28I paragraph (1) and paragraph (5) UUD 1945," explained Jamal.

Justices of the Constitutional Assembly which also consists of Anwar Usman and Harjono to suggest improvements to the applicant. Chairman of the Constitutional Court Panel Muhammad Alim explains the test of Article 58 letter o Local Government Act has been applied to the material tested 5 times and has been decided by the Court. "Based on the Constitutional Court Law, Article that has been tested cannot be tested again unless a different legal reasons. If the applicant the same reason, we are not able to put forward warning," said Alim.

Harjono explained Constitutional Court must convince that the reason the applicant is different from the five previous requests. While the retroactive effect of Article 58 letter o Local Government Act, Harjono requested that the applicant specify the definition of "retroactive" is meant. "Regarding retroactive, retroactive definition of where you see the definition of retroactive," he explained.

The applicant is given 14 days to request repairs. The next trial will be held with the agenda for the inspection repair requests. (Lulu Anjarsari / mh/Yazid.tr)