The Constitutional Court (MK) receives the application for judicial review of the proposed Regional Representative Council (DPD) of the Law 27/2009 on the MPR, DPR, DPD and DPRD (MD3) and Law 12/2011 on the Establishment Regulation Legislation (P3) on Friday (14/9) morning at the Space Hall of the Court.
On that occasion, Todung Mulya Lubis, accompanied by Vice-Chairman of the House Laode Ida and I Wayan Sudirta Committee Chairman of Act Designers (PPUU) of DPD, explained the background of where the tests MD3 Law and the Law on P3.
"Judicial review is to examine the Act MD3 11 chapters and 12 articles in Law P3. We've applied for it and were declared complete by the Court. We hope that a preliminary hearing be done and then the court will enter a more substantial process of the test material law," said Todung.
Todung continued, there was a constitutional anomaly. "Why is a constitutional anomaly? DPD is a representative body, such as the House of Representatives. Both Council and Parliament have equal rights in determining the legislation as far as the mandate given by the 1945 Constitution," said Todung.
Article 22 UUD 1945 mention the issue of regional autonomy, and regional relations, the establishment or expansion of central and local government, natural resource management, the financial balance between central and local government, a constitutional mandate given to the Council to participate in the National Legislation Program (Prolegnas).
'Dwarfed'
However, continued Todung, DPD in Article 22 UUD 1945 may apply to the Parliament in the form of the bill, and then it can come to discuss the bill relating to the mandate given to the Council, it turns right and authority DPD is 'dwarfed' by the Constitution and laws MD3 P3.
"They (DPD) can only propose a bill to be proposed later adopted to be Parliament’s proposal, not the Council. Thus, the right of initiative DPD completely being eliminated,"said Todung.
'Pengkerdilan' rights DPD, said Todung, destructive to the state. "We want to realign the interpretation of Article 22D paragraph (1) and Article 22D Paragraph (2) of the 1945 Constitution which gives the same rights and powers to the Council and the Parliament to formulate Prolegnas participate.
Testing Act a quo material is very important to fight for the implementation of regional autonomy. If the Council cannot optimally use the right and authority, DPD paralyzed, as if there can be a maximum in the struggle.
"We hope that the Constitutional Court as sole interpreter of the constitution can restore it says right DPD in accordance with Section 22D of the 1945 Constitution," said Todung told reporters in attendance. (Nano Tresna Arfana / mh/Yazid.tr)
Friday, September 14, 2012 | 17:55 WIB 129