Law Number 15 Year 2013 concerning Amendment to Law Number 19 Year 2012 on State Budget submitted to review to the Constitutional Court ( MK ) on Monday ( 28/10 ) at the Plenary Court. A case registered with the Registrar of the Court was filed by number 83/PUU-XI/2013 reviewed by victims who have mud affected entity outside the Territory Affected Area Map (PAT).

In the main petition, Petitioner, represented by Mursyid Mudiantoro as the attorney, explained Petitioner objected to Article 9, paragraph (1) letter a Budget Law. The article considers the applicant’s constitutional rights against the Applicant harm. Article 9, paragraph ( 1 ) letter a Budget Act states that "In order to smooth the response mud , the allocation of funds in the Sidoarjo Mud Mitigation Agency (BPLS) for Fiscal Year 2013, may be used to : ( a) full payment for the land and buildings outside the map affected areas in three villages (Besuki village, Kedungcangkring village, and Pejarakan village) and nine neighborhoods in three villages (Siring village, Jatirejo village, and Mindi village)".

"Article 9 paragraph ( 1 ) letter a Budget Act, has led to differences in legal treatment between the applicant with Indonesian citizens residing outside PAT, both in terms of legal protection, legal certainty, convenience and special treatment for the same opportunities , protection and fulfillment of human rights are the same, in order to achieve equality and justice," he said.

According to Mursyid, formula entry area in Affected Area Map derived from the proposed PT Lapindo Brantas Inc. which has a goal to provide legal certainty over who is responsible for the areas affected directly and indirectly from the flood and mudflow. But PT Lapindo Brantas Inc. transferred to the PT Minarak Lapindo Jaya as legal subjects that make the process of compensation of land and buildings in the PAT by using the model binding Sales and Purchase Agreement (PIJB). However, this system only applies to people who are resident, non-resident who has a place of business in the PAT as the Petitioner.

Responding to the petition, the Constitutional Assembly led by Judge Maria Farida Indrati accompanied by Ahmad Fadlil Sumadi and Patrialis suggest improvements. Maria describes the applicant to construct the request back grounds. "The applicant is requested the implementation of the Budget Act that are not completed to the detriment of the applicant. Reason petition regarding losses resulting from Article 9 paragraph ( 1 ) letter a Budget Act must be attributed to the 1945 Constitution," he advised.

Applicant is given 14 working days to revise their petition. The next session will be held with the agenda of repair requests. ( Lulu Anjarsari / mh )