The Constitutional Court rejects the entire petition judicial review of Electricity Law filed by the Regent of Tanah Bumbu, South Kalimantan, Mardani H. Maming. Court concluded that the petition was not unreasonable under the law. The verdict pronounced by the Chairman of the Constitutional Court Hamdan Zoelva, Wednesday (26/3).

"The Court concluded Court’s authority to hear the petition a quo. The applicant has a legal status ( legal standing ) to apply for. Principal petition is not unreasonable under the law,"says Hamdan on Decision Case No. 9/PUU-XI/2013.

Court reasoned in the Electricity Act there is no provision that limits the electricity supply business to the general public. Indeed, the Electricity Act regulated the obligations of the central government and local governments to provide an integrated electric power when the demand for electricity in the region has not been met. Integrated electricity can be met by cooperation with regional state-owned, private, and cooperative. Thus, the task of the Applicant as a regent for the welfare of its citizens is not at all inhibited or prevented.

Previously the applicant sued the provisions of Article 10 paragraph (3) and paragraph (4) of the Electricity Act. The second paragraph of Article 10 of the Electricity Act by the Applicant imposes limits electricity supply business singly or PLN only by state, but they cannot guarantee the availability of electric power.

According to the Court, Article 10 paragraph (3) of the Electricity Act does specify one business entity can only do business in one area of ​​the business. Similarly, Article 10 paragraph (4) of the Electricity Act determines such restrictions only apply to businesses which include the distribution and / or sales. However, the business area is not the same as the area of ​​public administration, but the areas designated by the government as a business entity distribution and / or sale of electric power did the electricity supply business.

Thus, in the administrative area is possible there is more than one region different business electricity providers. Under these provisions, local governments can determine zoning efforts, such as the designation of products by category and categories of electricity consumers. "On the basis of this last provision of local government can do business based on the zoning laws that apply in order to meet electricity needs in the area of ​​government administration,"the judge Ahmad Fadlil Sumadi said.

Conversely, if in one administrative area there is only one electricity supply business entities that do not satisfy the needs of an ideal , then the provisions of Article 11 paragraph ( 3 ) and paragraph ( 4 ) of the Electricity Act can be enforced . Article 11 paragraph ( 3 ) reads , " For the unserved areas of electric power, the Government or the appropriate local government authorities provide an opportunity for locally-owned enterprises , private enterprises or cooperatives as provider of integrated electricity supply business . " While paragraph ( 4 ) the same article states when there is no locally-owned enterprises , private enterprises or cooperatives that can provide electric power in the region , the Government shall assign state-owned enterprises to provide electrical power.

" On the basis of these considerations, the restrictions referred to in Article 10 paragraph ( 3 ) and ( 4 ) only on areas that are not business related at all to the administrative area , so that when, in the administrative area already contained business areas can still be formed business area other than existing ones . Thus, there is no absolute restriction to the electricity supply business to the public , so it cannot be interpreted hamper or even impede the welfare of its citizens Applicant duties related to the procurement of electricity as argued by the Applicant," said Fadlil. ( YustiNurul Agustin / mh )