Deemed does not own legal standing, Constitutional Court (MK) stated that petition on Regional Government and Spatial Planning Act is null. Chief Justice Hamdan Zoelva led the trial which conducted at MK Plenary Room, Thursday (11/6).
Constitutional Justice Anwar Usman narrated the legal consideration, according to the Court APKASI as the Applicant does not own legal standing. Same consideration was also charged to another case applied by APKASI. In other words, the Court declared mutatis mutandis to the Applicant.
On the same day, the Court drop sentences to two cases applied by APKASI. The regent association was considered failing to meet the requirement determined in MK Procedure Law. As known, there are five conditions for the Applicant to be considered possess legal standing. First is rights and obligation of the Plaintiff was given by the Constitution, second the rights was harmed by the ruling of particular Act, the disadvantage must be specific and actual or potential by conscience and rationally proven, causal verband between the violated rights with the ruling of particular Act, and likeliness that granted petition will forever remove the constitutional loss.
In accordance to the five conditions, the Court sees APKASI has failed to meet one condition. According to the Court, only the regional executive may represent his/her jurisdiction.
APKASI, a regent Association, has no legal standing to represent its jurisdiction. The Court asserted that it has to be the regent or DPRD Speaker to petition in accordance to such case. “Considering less legal standing the Applicant has, the petition of a quo Articles in not considerable,” Anwar Usman said. (Yusti N.A/kun)
Thursday, November 06, 2014 | 18:27 WIB 174