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Keeping Professionalism, Civil Servant Regional Head to be Legislative Candidate Must Resign Permanently

 

Vice Chairman of Commission III of the House of People Representatives, Al Muzamil Yusuf argues, Act 8 of 2012 on Election of DPR, DPD and Regional Parliament which provides that every civil servant must resign if it would stand as a permanent member of the DPD, a rule of law that has been in line with the constitution. It is fully intended to maintain neutrality and professionalism of the state apparatus. It thus conveys evidentiary hearing on Tuesday morning (2/27), in the presence of all interested parties directly to the enactment of the Legislature.

In addition, the House of Representatives as an institution forming law judge, the ranks of civil servants is expected to focus in the service of the country and did not pursue a career position outside the system that has been built. Requirement for civil servants to resign permanently constitute legal consequences that must be accepted by the concerned have decided to engage in political battles.

He further added, answering the question the proposition that regional heads must resign if it will go forward as a member of Parliament, Muzamil belief, it was necessary in order to avoid abuse of power by local officials, given the structural power in question has a very large and this potentially occur. On the contrary, if the government does not publish such provision, it will lead to discrimination against ordinary citizens who do not have a structural power that will also be developed as a member of parliament. "This needs to be limited, in order to ensure legal certainty," said Al Muzamil Yusuf before the court.

In line with the statement of the House of Representatives, Speaker of Ministry of Internal Affairs, Reydonnyzar Moenek reiterated that the rule must backtrack for civil servants and heads of regions are important done to uphold the professionalism of the state apparatus and to be more focused on building a career on the line provided.

"In terms of today, do not even try. If it falls back into civil servants and head area. So there must resign," said Moenek try to convince the judges MK. It denies the rule tends to limit the political rights of the state apparatus. "Precisely this is to ensure legal certainty for widest opportunities for local heads and civil servants to carry out their duties, as long as not running as a Member of Parliament and Council," he concluded to end the government’s statement.

On the other hand, the experts presented by the Petitioner, the former KPU chairman Abdul Hafiz Anshari judges, every civil servant should not retreat from this position because there is no explicit provision in the Employment Act which governs it. "I never permanently dismissed as a civil servant while serving as chairman of the Commission. I still receive a basic salary and allowances. I even got a promotion. So it should not have to resign. Similarly, the regional head office, because constitutionally, the state law does not require the recruitment officer’s resignation, "explained the former Chairman of the Commission in the period 2007 - 2012 this.

One of the principal applicants the Vice Governor of West Sumatra, Muslim Kasim to Majalah Konstitusi, said he would continue to uphold the guarantee of neutrality and professionalism in carrying out his job even though he is currently preparing to plunge as a Member of Parliament. "It should not have to resign, just need to leave alone. I guarantee the neutrality and professionalism as Vice Governor would keep me awake while I go forward as a Member of Parliament, "he said briefly.

As is known, the Petitioner in this case no 12 was two civil servants at the Ministry of Religious Affairs, Noorwahidah and Zainal Ilmi are postulated, Act 8 of 2012, section 12 letter k, Article 68 paragraph (2) letter h, has limited the constitutional right to go forward as members of the DPD as necessitated retreat permanently as a civil servant. Both are found, there is no provision in the Employment Act which requires both retreated permanently as servants, but only temporary retreat.

Petitioner in case no 15 was four Regional Head, the Vice Governor of West Sumatra Muslim Kasim, Tanah Datar Regent M. Shadique Pasadique, Solok Regent Syamsu Rahim and Regent of South Pesisir Nasrul Abit.

The four were questioned a provision requiring them permanently resigned as head of the region when going forward as a Member of Parliament.

The next hearing will be held on Tuesday, March 26, 2013 at 11:00, by presenting a number of experts to be heard before the court. (Juliette / mh)

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