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Preliminary examination of judicial review of Act 20/2012 on the establishment of North Kalimantan Case No. 16/PUU-XI/2013 held by the Constitutional Court (MK) on Tuesday (19/2) afternoon. Petitioner are Syarief Almahdali, Zulkifli Alkaf, Tamrin and other reviewing of Article 10 paragraph (1), the elucidation of Article 10 paragraph (2), Article 13 paragraph (1) and paragraph (4) and Article 20 of Law no. 20/2012.

 

In the trial, petitioner attorneys are Robikin Emhas et al., submitting a number of objections. That the Petitioner as citizens do not get the recognition and the rule of law before the law with the phrase "executed fastest 2 (two) years since the founding of the North Kalimantan province" in Article 10 paragraph (1) of Act 20/2012.

 

According to Robikin, if the provisions of the phrase "fastest 2 (two) years since it was established province of North Borneo" became the benchmark in the implementation of the North Kalimantan Provincial General Election, expected after August 17, 2015 just happened holding the election of Governor and Deputy Governor, without a definite time limit.

 

"Phrase a quo provision rests on empirical validity is highly dependent on the process of public administration, resulting in confusion when implementing local elections in the province of North Borneo," said Robikin to the judges, led by Harjono, accompanied by Constitutional judge M. Alim and Constitutional judge Ahmad Fadlil Sumadi.

 

In addition, continued Robikin, the government erred in understanding the Article 297 paragraph (3) of the charging membership MD3 North Kalimantan Provincial Parliament, which, mutatis mutandis, apply to holding General Election North Kalimantan, as contained in the minutes of the meeting meant that " as early as 2015 a stage began in late 2014 ".

 

If the provisions of Law no. 20/2012 remain in place and tie juridical power, the terms of a quo has led to non-fulfillment of the rights of citizens in the law and government as well as the absence of the right to the recognition, security, protection and legal certainty in the regional administration of justice in the province of North Borneo

 

"Thus, Article 10 paragraph (1) Law no. 20/2012 along the phrase \'most rapidly implemented 2 (two) years since it was established province of North Borneo\' contrary to the spirit and norms of the basis of Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution," said Robikin.

 

Another thing is the objection Petitioners further Robikin, there are aspects that are not prevalent in parts of the elucidation of Article 10 paragraph (2) Law no. 20/2012 that "the Acting Governor of North Borneo was proposed by the Minister of Home Affairs with the consideration of the Governor of East Kalimantan".

 

"That in fact, the authority to propose the acting governor was represented by the central government Minister of the Interior, in a comparison of historical-comparative between the North Kalimantan, West Sulawesi, Banten and South Tangerang city," said Robikin.

 

The provisions of Article 13 paragraph (4) Law no. 20/2012, said Robikin, which makes its own norm taking oath / pledge the North Kalimantan provincial parliament made no later than 4 (four) months after taking oath / pledge of East Kalimantan provincial parliament. This shows that taking oath / pledge the North Kalimantan provincial parliament can only be carried out after the implementation of the 2014 election, so that the legal norms of Article 13 paragraph (4) of the Act resulted in the loss of constitutional rights of the applicant.

 

In addition, said Robikin, the provisions of Article 13 paragraph (4) of the Act raises a legal chaos (disorder of law) for charging the North Kalimantan provincial parliament membership are based on the results of the 2014 election, so the North Kalimantan Provincial Parliament can not immediately run a legislative function, the function budgeting and monitoring functions specifically related to drafting regulations on Revenue and Expenditure (Budget) North Kalimantan province. (Nano Tresna Arfana / mh)

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