The Constitutional Court (MK) again held the judicial review trial of Act 15/2006 on the Supreme Audit Board on Thursday (21/2) at the Plenary Court. Case with Number 13/PUU-XI/2013 is filed by BPK Member Bahrullah Akbar.

In the trial of repairing request, Petitioner through his legal counsel Arman Remy has revised application in accordance with the constitutional judge’s advice. The applicant has streamlined its application and implementation in the request reasons. Then, about the turn of inter temporary framework provisions that are contrary to the principles of the constitution because the applicant since it was inaugurated as a member of BPK through the turn of the interim appointment under the provisions of Article 22 paragraph (1), does not reach the 3 years under the provisions of Article 22 paragraph (4).

"The term of office of the other BPK members is selected based on the provisions of Article 13 and Article 14 of Act on BPK served for five years. Though there is no substantial difference between the turn of the interim appointment procedures and procedures for the election of members of BPK, together referred to in Article 13 and Article 14 of Act on BPK, the applicant in this case get a different treatment in the tenure of office of BPK members," explained Remi in front of the judges, chaired by Harjono.

Additionally, Remy reveals concept known only inter temporary changes in terms of public office by the legislative branch of power sources filling the position of the legislative branch through direct election by the people in a certain period of time (fixed term). If a vacancy occurs before the expiration of the legislative term legislative office holders, then filling vacant positions are not allowed to be elected directly by the people through elections. "The mechanism that makes it possible to fill a vacant position with inter temporary changes, the concept is in line with the position of the legislature as an institution in the event of a vacancy political office holders legislators," he explained.

In principal the petition, the Petitioner revealed that Petitioner was constitutional rights guaranteed by the 1945 Constitution have been violated by the enactment of Article 22 paragraph (1) and paragraph (4) BPK  Act. Applicant before taking office as the interim replacement for BPK member worked in BPK and the Ministry of the Interior for 28 years. Applicants selected as a member of BPK  replacing Tengku Muhammad Nurlif just continue the rest of the term of office of Tengku Muhammad Nurlif until 2014 in conjunction with the expiration of a term of 6 (six) other BPK members. (Lulu Anjarsari / mh)