Conditions "at least degree level or equivalent" in Article 12 letter c of Law (UU) No. 21/2001 on Special Autonomy assessed deviated and blocked constitutional rights of the Petitioner Paul Augustinus Kafiar as Papuans, to participate in the realization of their political rights.

This was conveyed by the applicant's attorney Abel Rumbiak when describing the petition before the Constitutional Assembly - No matter. 102/PUU-X/2012 - on Thursday (18/10). Provisions of Article 12 letter c says, "That can be chosen to be the Governor and the Deputy Governor is a citizen of the Republic of Indonesia to the following conditions: c. at least degree educated or equivalent."

Meanwhile, the Applicant, in Law no. 32/2004 on Regional Government, and the 1945 Constitution, the president has set as low education is high school or regional head and deputy regional head in this case the governor and deputy governor stipulated in Law no. 32/2004, Article 58, as low high school educated.

"Therefore, the article is very discriminatory and restrict the rights of the Petitioner," said Abel before the Constitutional Council which consists of Anwar Usman, Muhammad Alim (chairman), and Maria Farida Indrati. "The provisions contained in this article are not a quo should be maintained."

Petitioners also said article is considered not to be part of the Papua Special Autonomy Law. "Article 12 letter c to the Law 21/2001 is not part of the special autonomy in Papua, so there is no legal basis to defend, "said the applicant.

More importantly, the applicant, if the Court will grant the petition to declare Article is contrary to the Constitution, this would not be a legal vacuum. Because, said Abel, terms of regional head and deputy head of the general area has been regulated in Law No. 32/2004.

Therefore, Petitioner pleaded to the Court that Article 12 of Law No. c. 21/2001 on Special Autonomy for Papua contrary to Article 28D paragraph (1) and Paragraph (3) of the 1945 Constitution, and has no binding legal effect.

In a preliminary trial, the judges of the Constitution in the event gave some advice relating to the petition. Anwar Usman said that the reason the applicant can petition outlined more clearly, so it is true that article tested is unconstitutional. "It should be described in detail, so that the test article is really unconstitutional," he said. (Shohibul Umam / mh/Yazid.tr)