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Providing electricity for every citizen is basically one of the human rights set out in the International Covenant on Economic, Social, and Cultural Rights (ICESCR). State must not procrastinate or even complicate the fulfillment of rights of citizens to enjoy the service of electricity.

It was stated by the Constitutional Law Expert Aidul Fitriciada Azhari. The expert said rights to acquire adequate housing is part of the right to have a decent standard of living which are of primary importance for the enjoyment of all economic, social and cultural rights set forth in Article 11 paragraph (1) of the ICESCR.

In regard to the provisions of the 1945 Constitution, the right to adequate housing is part of the right to obtain a decent standard of living as the realization of the right to obtain the fulfillment of basic needs in order to improve the quality of life and for the welfare of mankind as provided for in Article 28C of paragraph (1) of the 1945 Constitution.

Later in General Comment No. 4 also mentioned that the definition of adequate housing is a material covering services, facilities, and infrastructure that includes among power, it cannot be separated in the security and safety of the facility to meet the electric power needs.

In other words, the security and safety to meet the electricity needs is the state\'s obligation. In fulfillment of economic, social, and cultural, the state must be active to realize progressively the way to act as quickly and effectively as possible to realize the fulfillment of the rights of citizens. "The state should not procrastinate or even complicate the fulfillment of the rights of citizens to enjoy the service of power," he said in a follow-up judicial review on of Act 30/2009 in the courtroom of the Constitutional Court, Jakarta, Tuesday (11/11).

In relation to it, he added, the provisions of the Act in which is establishing the obligation to have a Sea-worthiness Certificate Operation (SLO) which is completed by the threat of punishment, is clearly contrary to the nature of the right to power as part of the right to obtain a decent standard of living that would require the obligation to realize progressively the country.

In accordance with the principle of state obligation in fulfilling the economic, social, and cultural, progressive state should act as quickly and effectively as possible fatherly realize the right to electricity, including safety and security. "That is, security and safety in Law 30/2009 manifested in SLO, should be provided by the state as part of efforts to the progressive realization of the right to power," he added.

State must not procrastinate or complicate, especially by providing criminal sanctions for the fulfillment of the rights of citizens to electricity. State cannot rely solely on passive with citizen initiatives. The position of the state to be passive and to delegate powers to deal with the provision of SLO to other parties outside the country, along with the consequences of a payment of money, it is contrary to the principle of state obligation in fulfilling the rights of economic, social, and cultural.

"The policy of the state as such in practice because of the potential to lead to discrimination on the one hand there will be citizens who can pay and obtain a certificate, while on the other hand there will be a vast number of citizens who cannot or difficult to comply with the payment and encountering delayed consequences, "he explained.

In other words, the provisions of Article 44 paragraph (4) of Law 30/2009, in which establishes the obligation to have the SLO is contrary to the norm in Article 28 paragraph (2) of the 1945 Constitution which provides that everyone is entitled to be free from discriminatory treatment on the basis of any and entitled to protection against discriminatory treatment. (Lulu Hanifah/mh/kun)

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