The UN Special Rapporteur Hearing and Discussing Adequate Housing
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The Constitutional Court received a visit from the Director General of the Ministry of Foreign Affairs in the multilateral framework of the meeting Mrs Raquel Rolnik as Special Rapporteur on Adequate Housing of the Ministry of Foreign Affairs United Nations with his entourage. Their visit is received directly by the Chief Justice M. Akil Mochtar, who was accompanied by the Secretary General Janedjri MGaffar.

"We were appointed by the UN to investigate or check on the rights of citizens’ decent housing and indigenous peoples’ rights," said Raquel Rolnik.

Raquel says that he lived in Indonesia just 13 days and now it’s been 6 days he was in Indonesia, with the aim of investigating the decent housing for the people of Indonesia. And he came to the MK goal is direct knowledge of constitutional judges of the Constitutional Court decision to land in the name of tradition.

Responding to the statement, Akil said that the Court had decided several laws related to the rights of indigenous peoples. Among other things, the first is to decide on the Law of the Coastal Region. Where the Constitutional Court’s decision on the law is to give the right of coastal communities to do the job for life as a fisherman and do not give rights to those willing to do business in coastal areas. "The Court has decided to give the rights to the coastal communities of fishermen, to do the job and look for a decent life," he said.

The second is the decision of the Court of the Forestry Law, which in its decision the Court recognizes indigenous peoples to manage the forest in accordance with the customary rights of indigenous peoples themselves.

In addition, puberty also describes the authority of the Court to examine the laws of the 1945 Constitution and the test about the dispute of authority of state institutions. The Court also decided the case dispute the election results, both PHPU President and Vice-President and Regional Head PHPU and the latter the Court may decide the dissolution of political parties. And the obligations the Court had to make a decision on the opinion of the House that the president or vice-president is alleged to have violated the law in an act of treason, corruption, bribery, other felonies, and or no longer qualifies as a president or vice-president and as defined in the 1945Constitution.

Akil also added that anyone Indonesian citizens, public entity to indigenous peoples, may submit the case to the Court sutau, without any restrictions or barriers. "Anyone can file a case or a case to the Court, either individually Indonesia, public legal entity, to indigenous peoples," said Akil.

While the questions raised by the Court related to Raquel Rolnik adequate housing for the Indonesian people, Akil said, that the Court also had to decide the threshold issue of housing for residents. And its decision to cancel the Court invalidated regulations that dictate minimum decent housing for the residents.

"The Court ruled that a minimum adequate housing is no longer 36 square meters, but can be below it. It is seen from Indonesian society economically disadvantaged. So that the Court decided to reject the applicant’s request,"said Akil told the UN Special Rapporteur.

Before ending the conversation, Akil said that the decision of the Court when pronounced in a public hearing is final and binding. All courts in Indonesia should refer to the decision of the Court. Neither the government nor anyone Indonesian citizen, are also required to obey and execute the decision of the Constitutional Court. (Panji Erawan / mh)


Tuesday, June 04, 2013 | 19:04 WIB 232