Petitioner Stated Personnel Act Containing Legal Dualism
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Provisions regarding the delegation of authority of the President to the official builder and local personnel to expedite the implementation of the appointment, transfer and dismissal of civil servants considered detrimental to citizens' constitutional rights. The reason is because the dualism has led to a legal value.

Similarly, it was disclosed by Principal petitioner in case No. 91/PUU-X/2012 Ricky Elviandi Afrizal to Constitutional Panel consisting of Constitutional Justice Muhammad Alim (Panel Chair), Ahmad Fadlil Sumadi, and Maria Farida Indrati. "By (because) there was dualism, there is a legal value that can be doubted," said Ricky.

According to Ricky, he has the right and authority aggrieved, as stipulated in Article 28D (1) and paragraph (2), Article 28H Paragraph (2), and Article 28 paragraph (1) of the 1945 Constitution. "In particular, Article 28 paragraph (1) it is, the right to recognition as a person before the law and the right not to be determined by a retroactive law is a human that cannot be reduced to anything else," he said.

After listening to the explanation, the Panel also adopted the evidence submitted by the applicant. Alim warned, if the trial resumed, the applicant is entitled to submit additional evidence, including expert or witness present.

In this case, Petitioner test of Article 25 paragraph (2) of Law no. 43 of 1999 on Amendment to Law no. 8 Year 1974 on the Fundamentals of Human Resources. This article reads, "To expedite the implementation of the appointment, transfer and dismissal of civil servants referred to in paragraph (1), the President may delegate some authority to the central civil service officials and coaches to give up some authority to the local civil officials builder further stipulated by regulations government." (Dodi / mh/Yazid.tr)


Wednesday, October 10, 2012 | 10:13 WIB 163