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The establishment of the North Kalimantan province in accordance with the establishment of provincial / municipal / district and in accordance with the design of the arrangement of the area being declared by the Central Government. The government statement represented by the expert staff of the Ministry of Internal Affairs Raizonizar Donek in the trial judicial review of Act 20/2012 on the establishment of the North Kalimantan (Kaltara Act) against the 1945 Constitution on Wednesday (27/3).

"The establishment of the North Borneo in accordance with the formation of provincial / municipal / district and in accordance with the design of the arrangement of the area and the establishment of a new autonomous region. The government will ratify in April. There has been a preparatory step ahead of just 9 months specified in the Act a quo," said Raizonizar before the judges, chaired by Chief Justice of the Constitutional Court, Moh. Mahfud MD.

Raizonizar describes North Kalimanta Province, located in the northern Borneo bordering Sabah, Malaysia, has a role in maintaining NKRI manifested in the lives of its people. But the empirical reality that was found was actually a sense of nationalism that began reduced.

"It happened in the border area is an area that remains due to lack of control of the central government and local government. With accommodate it, a quo Law in accordance with the principle of the formation of legislation is good," he explained.

While the explanation of Article 10 paragraph (2) of Kaltara mentions "the Acting Governor of North Borneo was proposed by the Minister of Home Affairs with the Governor of East Kalimantan consideration", according to the Government to create harmony. This condition is due to the Government of East Kalimantan Governor assess better understand the geography and affluence of North Kalimantan province.

"This is because the Governor of East Kalimantan better understand human and natural resources in the North Kalimantan. Governor of East Kalimantan know more about the state of North Borneo," he said.

Meanwhile, Petitioner experts Laica Marzuki explained Article 10 paragraph (1) of Act on Kaltara cause legal uncertainty. According to Laica, a statement that the government will accelerate the formation of the North Borneo Kaltara governed by the laws violates the rules.

"The rules that contain the phrase" the fastest two-year ‘cause legal uncertainty for the Tarakan, Nunukan and others. Statement of the Government in the trial who testified would accelerate the adoption of North Kalimantan province, this cannot happen in the law, "he said.

The petitioners who are the candidates for the East Kalimantan provincial parliament expressed are harmed by the Article 10 paragraph (1), the elucidation of Article 10 paragraph (2), Article 13 paragraph (1), Article 13 paragraph (4), and Article 20 paragraph ( 1) Law no. 20 Year 2012. According to the applicant, if the provisions of the Act on Kaltara be honored and empowered juridical tie, then such provision 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 administration of justice area in the province of North Borneo.

In addition, the Petitioners Case Number 16/PUU-XI/2013 explain these provisions led to a legal chaos (disorder of law) by charging the membership of North Kalimantan Provincial Parliament based on the election results in 2014, so the North Kalimantan Provincial Parliament can not immediately perform the function legislation, budgeting and oversight functions, especially related to the preparation of regulations on Revenue and Expenditure (Budget) of North Kalimantan province. (Lulu Anjarsari / mh)

 

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