Written permission from the president to conduct an investigation into the head region and / or the deputy head can unlock secret investigation process itself. In this stage of the investigation there is no certainty someone will be investigated or not investigated, have not done the search and collection of evidence, but merely gathering information. Thus the process of the investigation, a person will not be reduced and restricted movement and activities, unless the arrest. The regional head and / or deputy head of the investigated area can still lead the local government.

Written permission of the President as required in the investigation of head and / or deputy regional head as stipulated in Article 36 paragraph (1) of the Court Government would hamper the investigation process, because the president was given 60 days to issue the approval. Around that time, the regional head and / or deputy regional head allegedly committing a crime a chance to trace the elimination of crime, or removal of evidence. Even a confidential investigation can be known by the question. "According to the Court, written consent at the stage of investigation and the investigation of regional head and / or deputy regional head or any officer did not have sufficient legal rationality, and will treat citizens differently under the law."

Court argued that the Constitution was read by Judge M. Akil Mochtar in the trial with the pronunciation of Decision Number agendas 73/PUU-IX/2011 Happenings Testing Article 36 paragraph (1), paragraph (2), subsection (3), subsection (4), and paragraph (5) of Law Number 32 Year 2004 on Regional Government, as amended by Act No. 12 of 2008 concerning the Second Amendment to Law Number 32 Year 2004 on Regional Government (Local Government Act), which was held at the Constitutional Court on Wednesday (26/2012) afternoon. The test materials were filed by Ferry Amsari, Teten Masduki, Zainal Arifin Mochtar Hussein, and Indonesia Corruption Watch (ICW).

According to the Court that requires written permission from the president only acts detention. Actions can be performed by an investigator investigation without obtaining written permission from the president. However, the act of detention for investigation as provided for in Article 36 paragraph (3) of the Regional still need written permission from the president.

Crimes punishable by death, or a crime against state security as stipulated in Article 36 paragraph (4) Local Government Act, it no longer requires the written approval of the president to conduct an investigation that followed the arrest. "Because these crimes are serious crimes if they have to wait for a written agreement, would potentially endanger the lives of others, or potentially endangering state security," continued Akil.

Therefore, the provisions of Article 36 paragraph (5) of the Regional set time limit of two times 24 hours to report to the president after the arrest on criminal acts criminal caught red-handed, a criminal offense punishable to death, or a crime against state security, according to the Court these Terms deadline is still needed and still need to adhere to Article 36 paragraph (4) of the Regional.

Court declared some of the arguments of the petitioners argued by law. So in the ruling of the Court granted in part the petition states.

"The verdict, prosecuting, said the petitioners to grant the petition in part," said Chief Justice of the Constitutional Court Plenum Moh. Mahfud MD read the verdict.

Court declared Article 36 paragraph (1) and Article 36 paragraph (2) of Government contrary to the 1945 Constitution and have no binding legal effect. Then declare Article 36 paragraph (3) Local Government Act 1945 and contrary to the Constitution has no binding legal force, as long as not understood "investigative measures to be followed by the arrest of the head region and / or deputy regional head requires written approval from the President and if the written agreement is not given by the President no later than 30 (thirty) days from the receipt of the request the investigation process followed by the detention can be done right."

The Court also stated Article 36 paragraph (4) Local Government Act 1945 and contrary to the law has no binding legal force, as long as not understood "things that are excluded from the provisions of paragraph (3) is: a. caught red-handed committing a criminal offense, or b. suspected of having committed a criminal offense punishable by death, or have committed a crime against state security." (Nur Rosihin Ana / mh/Yazid.tr)