Court: Guerrilla star Holders Eligible to be buried in Main National Burial Park

Removal of the right of burial for Guerrilla star receiver at the Heroes Cemetery (TMP) National President, as stipulated in Law No.. 20 of 2009 on the title, service marks, and signs of Honor proved to be contrary to the Constitution. So this is confirmed by the Constitutional Court in its decision No. 61/PUU-IX/2011, read by eight constitutional judges, chaired by Chief Justice of the Constitutional Court, Moh. Mahfud MD on Wednesday (12/9) afternoon, at the plenary room.

"If before the enactment of Law 20/2009, holders may Guerrilla star buried at the National Heroes Cemetery Main, and Law 20/2009 to remove the rights holders Guerrilla star to be buried at the National Heroes Cemetery Main, then it is the Court which clearly violates the principle of justice -clearly the spirit of the 1945 Constitution," the Court said in its decision.

According to the Court, is the holder of Stars Guerrilla fighters are a boon for the existence of the Republic and because of, among other things, thanks to the struggle for independence of the Republic of Indonesia they can be enforced to date. In addition, to appreciate the spirit of the freedom fighters is a reflection of the recognition of the 1945 Constitution that Indonesia achieved independence with the struggle by those who have sacrificed wealth, body, soul and even independence. "The award of the same must be given to those who have fought to maintain independence guerrilla way," said the Court.

Therefore, the Court continued, was reasonable and fair for them to be rewarded for their service and sacrifice is buried in the National TMP Main. Court's view, does not deny the importance of the struggle waged by guerrillas than in seizing and maintaining independence, but the guerrilla is the front line of armed struggle that much to sacrifice lives. Services guerrilla fighters who were killed in battle, and the survivors are still alive and cannot be differentiated.

The expansion related qualifications Guerrilla star receiver, this will lead to the possibility of increasing the fighters or the recipient is entitled to Guerrilla star. Resulting Similarly, shareholders may continue to increase Guerrilla star that will meet the National TMP Main, when land is limited, the Court cannot be a reason to negate their right to be buried there.

According to the Court, in that context, the Government may make an effort to increase the number of Major National TMP, as receiver of the Republic of Indonesia and the star receiver Mahaputera star will continue to grow over time, while the limited land will become a problem not only today, but also in later days. "Therefore it must find a way out," said the Court.

Finally, the injunction decision, the Court declared Article 33 paragraph (6) of Law degree, Signs Service and Honorary Signs contrary to the 1945 Constitution conditionally, ie the extent not understood, "The right of burial at the National Heroes Cemetery Main only for degree recipients, Honorary Signs Star of the Republic of Indonesia, Mahaputera Star and Guerrilla Star".

As for the other Petitioner's arguments, the Court declared unwarranted by law so that other requests rejected. The applicant in this case is Lt. General (Ret) Rais Abin and Maj. Gen. (Ret.) Sukotjo Tjokroatmodjo. (Dodi / mh/

Wednesday, September 12, 2012 | 17:21 WIB 142