Government: Dismissal Rules of Regional Head Ever been Decided by the Court

The review of Act 32/2004 on Regional Governance - Case No. 73/PUU-X/2012 - held by the Constitutional Court (MK) on Thursday (13/9) afternoon. The agenda is a hearing to the Government and Parliament. On this occasion, the House of Representatives could not attend for one reason or another. The applicant was represented by his attorney, Pither Ponda Bárány, SH, MH, et al.

Party Government through Mualimin Abdi from the Ministry of Justice and Human Rights, explained the Government would like to remind again that the Court has given the judgment of the case, the applicant and requests a similar object that is on the Case No. 85/PUU-IX/2011 the verdict 'Application Applicants Unacceptable'.

The material content of the paragraphs, chapters, and / or parts of the law that have been tested, can not be petitioned again, unless another or different reasons. That the government does not see any other reason or the difference between an application in Case No. 85/PUU-IX/2011 the grounds that Petitioners filed the petition a quo. "Based on these considerations, according to the Government, request the applicant to review the constitutionality of the articles of a quo should be declared ne bis in idem," said Mualimin.

According to the Government again, suspension of head and / or deputy regional head is in order to maintain the authority of the law and equality before the law, so that law enforcement officials in particular have no difficulty in examining magistrate, hearing and deciding the criminal case. "Because on the one hand, the government suspended the performance area is not disturbed by the status of the head of the region as a suspect or defendant. On the other hand, the rights of the local head of the presumption of innocence remain secured in the legal process runs. This does not conflict with the right of everyone to equality before the law and government, and the right to equal treatment before the law and the rule of law," said Mualimin.

Still according to the Government, related layoffs regional head and deputy regional head, the Constitutional Court in its decision No.. 24/PUU-III/2005 dated March 29, 2006, which was cited back in 53/PUU-VIII/2010 Decision dated 6 April 2011, in consideration of the legal decision, the Court stated the proposition that qualify a suspension equal to the penalty in terms of criminal law. "That way of thinking was later built construction suspension contrary to the presumption of innocence is not appropriate," said Mualimin.

The Government believes, suspension actually realize the principle of equality or equality before the law as intended by Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution. "It's not right when a suspension from office of regent said to be discriminatory by comparing with a public official or other person in a different qualification and governed by different laws," said Mualimin.

In addition, according to the Government, the article also provides certainty in his post as regent. Because of the suspension, there is no obstacle to the operation of legal proceedings on charges addressed, possibly through the loss was due to his position, may obstruct or impede the judicial process, so that the court decisions that have permanent legal force can be quickly obtained. "Thus, according to the Government, arrangements regarding layoffs regional head and deputy regional head is a constitutional norm and does not conflict with the 1945 Constitution," said Mualimin.

As it is known Article 33 Paragraph 1 of the Regional tested by Obednego Depparinding states: "The head of the Regional and / or deputy regional head suspended as referred to in Article 30 paragraph (1), Article 31 paragraph (1), and Article 35 paragraph (5 ) after going through the court process proved innocent by court decisions that have permanent legal force, not later than 30 (thirty) days, the President has rehabilitate and reactivate the regional head and / or deputy head concerned until the end of his term "( Nano Tresna Arfana / mh/

Thursday, September 13, 2012 | 18:40 WIB 104