Requesting Regional Expansion, South Bengkulu Regent Reviewed Act 3 of 2003
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South Bengkulu has been established since 56 years ago through the Emergency Law No. 4 of 1956 with an area of 5955.59 km ². But after the establishment of the Law No. 3 of 2003, the total area of South Bengkulu as the District Parent reduced to 1186.10 km ². While the two counties south division of Bengkulu, Seluma District has a total area 2400.44 km ², and has an area of Kaur District 2369.05 km².

"In our opinion, the division of an area is not professional because South Bengkulu as zoning districts are not holding up to half of each region may establish or approximately 19.93% just wide left or approximately 80.07% of the district regardless of the parent before. "

Zainuddin Paru conveyed as an attorney of petitioner, when describing the principal issue judicial review of Law No. 3 of 2003 on the Constitutional Court (MK), Wednesday (11/28/2012) afternoon. Preliminary hearing case number 112/PUU-X/2012 particulars of Article 4 letter d and e, g Article 5, Article 6 paragraph (2) and Article 7, paragraph (2) and (3) of Law No. 3 Year 2003 Establishment of Mukomuko district, regency and district Seluma Kaur in Bengkulu province, was conducted by a panel of judges constitution Achmad Sodiki (panel chairman), Muhammad Alim, and Anwar Usman. Judicial review of Law No. 3 of 2003 was filed by the South Bengkulu Regent H. Reskan E. Awaluddin, Chairman of the Parliament of South Bengkulu Susman Hadi, Aguslianto, and Muksan.

The purpose of regional expansion, continued Zainuddin, is to shorten the span of control of the government, closer, facilitate, and streamline government services in order to improve the life, increase community participation, and efficiency of development in the region expanded. However, after the birth of Act No. 3 of 2003, which raises many problems to local residents.

"The division of an area that is not above professional motivated by the formal legal procedures or incorrect results in a miscarriage of justice at Law No. 3 of 2003 and the division of areas not proporsianal above also go through a process that is not fair, that is the political interest of a group of people," said Zainuddin.

Congenital Defects

In addition to the political interests as described above, since the initial issuance of Law No. 3 of 2003 and contains the procedures violate the law or congenital defects because they have not been discussed in the plenary meetings. This is contrary to the Rules of Procedure of Parliament of South Bengkulu Number 01 Year 2002.

"So it is fair if at the level of implementation relating to borders on the ground, inter district may establish up to now there has been no determination of the Minister of the Interior of the Republic of Indonesia, although it has been mandated since 9 years ago in Article 7 paragraph (5) of Law a quo and an explanation," said Zainuddin.

Add Region

Remedies is pursued by the Regent South Bengkulu to MK is with the intent to obtain additional area. "In the hope that through the proceedings in this Court may also have the right as required to provide community service South Bengkulu be better," she Zainuddin Lung.

In the petition, the petitioners asked the Court declared Article 4 letter d and e, g Article 5, Article 6 paragraph (2) and Article 7, paragraph (2) and (3) of Law No. 3 Year 2003 create legal uncertainty and unfairness that results are not can be gained constitutional rights guaranteed to the petitioners that the 1945 Constitution. The petitioners also requested the Court to change the content of Article 4, Article 5, Article 7 paragraph (2) and paragraph (3), and paragraph 3 of the explanation of Law No. 3 of 2003.

Article 4 states: "District Seluma derived from parts of South Bengkulu comprising: a. District of Talbot, b. Sub Seluma c. Talo Subdistrict d. Sub Semidang Alas, and e. Sub Semidang Alas Maras.

The applicant requested Article 4 was changed to: "" District Seluma comes from some parts of South Bengkulu comprising: a. District of Talbot, b. Sub Seluma c. Talo Subdistrict.

Article 5 states: "District Kaur came from some parts of South Bengkulu comprising: a. District of North Kaur b. Sub KINAL c. District of Central Kaur d. District of Southern Kaur e. Sub Maje f. Sub Nasal, and g. District of Cape Kemuning. "

Changes needed by the applicant, Article 5: "District Kaur came from some parts of South Bengkulu comprising: a. District of North Kaur b. Sub KINAL c. District of Central Kaur d. District of Southern Kaur e. Sub Maje, and f. Nasal Sub. "

Article 7 (2): "districts Seluma have boundaries: a. north bordering the District wide Bengkulu City and District of North Bengkulu Gutters four b. east by Lahat regency of South Sumatra Province, c. the south by District Pino Kingdom South Bengkulu, and d. west bordering the Indian Ocean.

Changes are required, Article 7 (2): "districts Seluma have boundaries: a. north bordering the District wide Bengkulu City and District of North Bengkulu Gutters four b. east by Lahat regency of South Sumatra Province, c. the south by district and sub-district Semidang Alas Alas Semidang Maras South Bengkulu, and d.

Article 7 paragraph (3): "districts Kaur has boundaries: a. north bordering South Bengkulu district Kedurang and Lahat regency of South Sumatra Province; b. east by Komering Ulu Ogan South Sumatra Province, c. south by West Lampung Lampung Province, and d. west bordering the Indian Ocean.

Changes are required, Article 7 paragraph (3): "Districts Kaur has boundaries: a. north bordering the Tanjung district Kemuning South Bengkulu and South Sumatra Province Lahat regency b. east by Ogan Komering Ulu South Sumatra Province, c. south by West Lampung Lampung province, and d. Western side bordering the Indian Ocean and the Netherlands. (Nur Rosihin Ana / mh/Yazid.tr)


Wednesday, November 28, 2012 | 16:52 WIB 110