Candidate Regent of Aru Islands, Elwen Roy Pattiasina who participated in General Election 2010, filed for a judicial review of Act 32/2004 on Regional Government is deemed to have been contrary to the constitution. As the incumbent, with the second highest vote totally, he feels entitled to hold a position as a definitive regent, after elected regent Teddy Tengko should be removed from office-related corruption cases that happened.
According to the provisions, Elwen Roy Pattiasina paired with Abdul Rahman Djabumona, entitled replace Teddy Tengko-Umar Jabamona, but in fact there has been a legal vacuum in Aru Islands, to the Election Commission held in 2013 to fill the post of regent and deputy regent definitive.
Acting as legal counsel, Anthoni Hatane presented unaccompanied Principal Applicant who deplores the attitude of the government that ignores the provisions that entitle the winner of the second most votes for the post of regent and deputy regent. "That has led to discriminatory attitudes," he said after reading the substance of the petition in the trial.
In the petition, the Petitioners claim that the Court annul the provisions of Article 35 paragraph (3) Local Government Act, so that the applicant can regain their constitutional rights as guaranteed by the 1945 Constitution. "Declare Article 35 paragraph (3) of Law No. 32 of 2004 on Regional Government as amended by Act No. 12 of 2008 concerning the Second Amendment Act No. 32 of 2004 on Regional Government, contrary to Article 27 paragraph (1), section 28C (2) and Article 28D paragraph (3) of the 1945 Constitution," demanded Hatane. (Julie / mh)
Monday, August 19, 2013 | 18:04 WIB 162