A number of Non Profit Organization (NGOs) improves application review of Act No. 7 of 2012 on the Handling of Social Conflict. In number 8/PUU-XII/2014, applicants strengthened ruling position (legal standing).

At the second session of testing the law on Social Conflict Handling, applicants are represented by attorney Wahyudi Djafar, detailing the applicant’s constitutional losses. According to Wahyudi, due to legal uncertainty that has emerged with the advent of Article 16 and Article 26 of the Law on Social Conflict Handling, Indonesia broad community will lose constitutional.

“When experiencing conflict, get out emergency statement from the two government institutions at once, that the president can set the status of civil emergency situation based on Law Number 23/PRP/1959 of danger situation. Similarly, the head of the district based on the Law on SMEs also issued emergency status. If so, people succumb to where?" said Wahyudi said after the conference.

This, he continued, cause legal uncertainty and shows that the potential applicant has also suffered on the occurrence of constitutional article in Act on Social Conflict Handling. Further, the applicant is also a taxpayer to have a law to represent the interests of the wider public interest.

At the premiere conference, Judge Constitutional question Harjono offensive military conscription when done. Responding to the matter, in his application the applicant explained in the context of a state of emergency, military deployment could have done. However, Wahyudi said, military conscription authority only on the president cannot be delivered to lower institutional arrangements such as the constitution. “Therefore, the determination of the status of social conflict it should be in the hands of the President," Wahyudi said.

Previously, an NGO namely grouping Participatory Society Initiative for Transition righteous (IMPARSIAL), the Indonesian Legal Aid Foundation Board (YLBHI), and VP of Human Rights Working Group (HRWG), M. Choirul Anam and Indonesian Defense University Lecturer and Director of the Institute Ridep Program Anton Aliabbas ask about testing two, namely Article 16 and Article 26 of the Law on Social Conflict Handling. The article reads:

Article 16

Status scale conflict situation regencies / cities as defined in Article 15 paragraph (2) is set by the regent / mayor after consultation with the leaders of the Parliament district / city.

Article 26

In a conflict situation status scale district / city, regent / mayor can do:

a. restrictions and closure of the conflict for a while;

b. Restrictions outside the home for a while;

c. Settlement outside the conflict for a while, and

d. Forbidding people to enter the conflict area or out of the conflict for a while.

The applicant is based on the Law on Handling Conflict inconsistent with the Law of Social Danger Condition about setting authority status conflict, including the scale of the district / city. Setting status should be done by the president, not the regent / mayor.

Assembly panel of judges headed by Justice Anwar Usman by members Patrialis Akbar and Ahmad Fadlil Sumadi accepts repair applications and verify evidence P- 1 to P- 21. Results panel session will be presented today at the plenary session. (Lulu Hanifa / mh)