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Head of Research and Development of the Ministry of Justice and Human Rights , as well as Acting . Director General Regulation Legislation of Ministry of Law and Human Rights Mualimin Abdi as government representatives declared that Article 16 and Article 26 of Law No. 7 of 2012 on Social Conflict Management is right.

According to him , the Act initiated by the House of Representatives ( DPR ) is in accordance with the provisions of Article 18, paragraph a , b , and c of 1945 Constitution. "Under these provisions , the president can delegate some authority to the heads of other appropriate regional or official policy of the president , " said Mualimin in the plenum chamber of the Constitutional Court , Jakarta , Thursday (3/4).

Furthermore , it assesses policy of the Government and Parliament are set out in the Act is done to avoid losses due to local government citizens more aware of the real situation in the region than the central government or the president . Moreover , he added , Indonesia is a country prone to both horizontal and vertical conflicts that can not be predicted when and where conflicts will occur .

"In addition , the Act quo that essentially gives authority to the regent / mayor to determine the status of the conflict in the region after DPRD agreement is in accordance with the principles of democracy , " said Mualimin .

Previously , a number of NGOs , the Society for Participatory Society Initiative for Transition Fair ( IMPARSIAL ) , the Indonesian Legal Aid Foundation ( YLBHI ) , as well as Deputy Director of the Human Rights Working Group ( HRWG ) , M. Choirul Anam , SH , and Indonesian Defense University lecturer and RIDEP Institute Program Director , Anton Aliabbas , M.Si attorney who represented a number of invoking judicial Social Conflict Management Act with the case number 8/PUU-XII/2014 . Applicant testing two articles in the Law quo , namely Article 16 and Article 26 . Both the article reads :

Article 16

The state of the status scale conflict districts / cities as referred to in Article 15 paragraph ( 2 ) shall be determined by the regent / mayor after consultation with the leaders of regency / city .

Article 26

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

a. restrictions and area closures Conflict for a while ;

b . restrictions outside the house for a while ;

c . placement outside the conflict area for a while ; and

d . forbidding people to enter or exit from the conflict areas conflict area for a while.

Testing according to the applicant’s reason is not supposed to be able to determine the status of the head of state regional conflict . The Constitution , he added had arranged emergency status can only be determined by the Government , in this case is the President . Therefore , the determination of the status of the state of social conflict was supposed to be officially designated by the President . Because the status of the state of social conflict have the same qualifications as an emergency or danger status under the provisions of the 1945 Constitution . ( Lulu Hanifa / mh )

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