Act 4/2012 on Amendment of Law Number 22 Year 2011 on the State Budget for Fiscal Year 2012 (Revised 2012 Act) against the constitution. Therefore, Article 7 paragraph (1) Act 2012 state budget, among others, include the subsidy amounted to Rp. 137.4 trillion.

According to the agreement the Government and Parliament approved a bill to APBNP 2012, this subsidy will swell when the average price of crude oil Indonesia (Indonesian Crude Oil Price / ICP) in the international market reached more than 15% of the price of 105 USD per barrel, or reach a price of 120 , 75 USD per barrel. Therefore, the Parliament allowed the government hiked subsidized fuel prices or premium gasoline without the consent of the House if the ICP in the international market price reached $ 120.75 per barrel.

Government and Parliament had never mentioned the existence of the cash income of Rp BPH Migas. 67.92 billion and cash income from the sale of oil and gas amounted to Rp. 198.48 billion. If two numbers are combined, the amount to Rp. 308.10 billion and that figure is reduced by the subsidy rate of Rp. 137.4 trillion, there is excess cash amounting to Rp. 128.83 billion. "For me and many people, Law No. 4 of 2012 is clearly contrary to our constitution because the law states the things that are totally untrue. Untruth of what is contained in Law No. 4 of 2012 is listed in the description of the same legislation that cannot be separated from its own laws. Where the postal revenues of Rp PPH. 67.92 trillion, and the postal revenue from oil sales amounted to Rp. 198.62 trillion.

"The statement was made when ordered Kwik Kian Gie as an expert in the formal and material test trial Revised Law on the Constitutional Court on Thursday (26/7) afternoon. Session times for a combined five cases 42/PUU-X/2012, 43/PUU-X/2012, 45/PUU-X/2012, 46/PUU-X/2012 and happenings 58/PUU-X/2012 formal and material testing Law on State Budget for 2012 was held to hear testimony of witnesses and experts. Besides Kwik Kian Gie, the applicant also presents Aan Widiarto and Ahmad Maftuhan Eko. Kwik Kian Gie further argued that the core of Article 7 paragraph (1) and Article 7 paragraph (6a) which states the government may raise subsidized fuel prices when the average price of ICP in the period running has increased more than 15% of the price assumed in the budget -P 2012 is 105 USD per barrel.

According to him, these two articles are related. With gasoline prices prevailing premium of Rp 4,500 per liter and the price of 3 Kg LPG cylinder in effect at this time on the basis of ICP price of 105 USD per barrel in international market which is determined by the Nymex, the government issued in the form of cash subsidy of Rp. 123.6 billion as stated in the financial memorandum in 2012. However, because of changes in the budget assumptions, the Revised Law ditebitkan 2012 that makes the magnitude of the so-called fuel subsidies to Rp. 137.4 trillion. "Whether intentional or not, in all statements and official statements, the Government and Parliament are always just call a subsidy rate of Rp. 137.4 trillion, but never mentions the inclusion rate of Rp. Of gas to 67.92 trillion and Rp figure income. 198.48 billion as a result of oil and gas sales.

The whole people of Indonesia are given a picture of lack of money amounting to Rp. 137.4 trillion, not to mention the income Rp. 67.92 trillion and Rp 198.48 billion, "Kwik said before the plenary constitutional justice Moh. Mahfud MD (chairman of the plenary), Achmad Sodiki, M. Akil Mochtar, Ahmad Fadlil Sumadi, Hamdan Zoelva, Muhammad Alim, and Anwar Usman. As known, the formal and material test-P 2012 State Budget Law was submitted to the Court by a number of nongovernmental organizations (NGOs) and community residents. Among others, the Association of Master of Law Indonesia (PMHI), Indonesia Trade Union Confederation (KSPI), Federation of Trade Unions of Indonesia (FSBI), Indonesian Human Rights Committee for Social Justice (IHCS), Indonesia Forum for Budget Transparency (FITRA), the Association of Islamic School Development and Society (P3M), Wesley Eddy Parulian Sibarani, Masyur Maturidi, M. Fadhlan Hagabean Nasution, etc. (Rosihin Nur Ana/Yazid.tr)