Review of Regional Government Act: Eggi Sudjana Asked to be West Java Independent Governor Candidate

Candidates for independent Governor of West Java, Eggi Sudjana through proxies deliver improved petition Article 59 paragraph (2a) d of Law 12/2008 concerning the Second Amendment to Law Number 32 Year 2004 on Regional Government (Local Government Act), at the Constitutional Court (MK), Monday (11/26/2012) afternoon. Power of the applicant, Syamsul Bahri stated aspirations of West Java client request forward as a candidate for governor. But to fulfill that aspiration, client collided by the provisions of Article 59 paragraph 2a d Government Act which states: "Couples candidates referred to in paragraph (1) letter b can enroll as candidates governor / deputy governor if eligible support the provision: (d) the province with a population of more than 12,000,000 (twelve million) to be supported at least 3% (three percent).”

"In essence, we declare that this article is obviously still need to be dropped or eliminated altogether, because we think that the existence of this article, the applicant cannot be a governor. Or there are some people in Indonesia who aspire to become leaders in the region cannot be a leader or proposed by the people because of Article 59, "said Syamsul Bahri.

Talking about the losses suffered by the applicant, stating the matter Syamsul Bahri as an independent applicant suffered losses greater than the losses suffered by the party (parties). Because political parties simply attach a piece of evidence support. While we (the Applicant) must attach a photocopy of identity card which 1,000,474 are very costly and every 20 existing stamped. If the political party, not to the entire board of county / city attaches support, enough provincial council which attaches it to a piece of paper," Syamsul proposed.

Arifin said, it is a discriminatory treatment to the applicant who wants to advance into West Java Governor candidate of independent. Therefore, the Petitioner in the petition asking the Court declared Article 59 paragraph (2a) d of the Regional contradictory paragraph of Article 28C (2), Article 28D paragraph (3), Article 28H Paragraph (2), Article 28 paragraph (2) of the 1945 Constitution. "So that must be declared removed and no longer," pleaded Zulfikar M. Rio.

Further requested by Eggi Sudjana allowed running for governor of West Java. "Allowing or allow the applicant Brother Dr. Eggi Sudjana, SH, M.Sc. to be able to participate in the election," said Zulfikar.

Responding to the repair request, a panel of judges assessing constitutional petition petition is not uncommon. "If the conflict (the 1945 Constitution), was declared to have binding legal force, not removed," said members of the panel of judges Hamdan Zoelva arguing Court is not authorized to delete articles.

Regarding the request to Eggi Sudjana welcome to West Java governor candidate, according to Hamdan, in the case of judicial review is no concrete cases. "This is judicial review, reviewing norms. This applies to all people, all the people of Indonesia, does not apply only to Eggi Sudjana," said Hamdan.

The second court trial is repairing petition. However, it turns out there are still things that need to be fixed in the application. Hamdan advised Petitioner that his renvoi repaired parts. "Being renvoi only, no time left, crossed unnecessary, because it fixes the deadline," Advice Hamdan. (Nur Rosihin Ana / mh/

Monday, November 26, 2012 | 16:23 WIB 93