The Constitutional Court (Mahkamah Konstitusi –MK) rejects judicial review petition on Act Number 27 Year 2014 of 2015 State Budget (Undang-Undang Anggaran Pendapatan Belanja Negara Tahun 2015 –UU APBN 2015).

Aji Sofyan Effendi and Hasanuddin Rahman Daeng Naja file the petition, saying they are unequally treated before the law by the enactment of Article 10 (3) Act of 2015 State Budget which regulates the allocation of the General Allocation Funds (Dana Alokasi Umum –DAU).

In the verdict, the Court argues the Applicant who considered as residents of East Kalimantan have no legal standing to file petition. “The Applicant positioned them as representing entire residents of East Kalimantan Province. Such an argument cannot be accepted because it shows Applicant’s inconsistency; the Applicant in their explanation qualifies themselves as Indonesian citizens and not as representatives of East Kalimantan residents. Supposed Applicant’s argument correct, East Kalimantan residents violated by the provision, so the party entitled to file petition is East Kalimantan Government,” said Hakim Suhartoyo.   

Therefore, the Court assesses the Applicant have no legal standing to file petition for reviewing the constitutionality of Article 10 (3) Act of 2015 State Budget.

Previously, the Applicant argued they violated by the enactment of Act a quo due to no clear rationality and description on the source and distribution of State Budget in the Act a quo.

The Applicant objected by unelaborated percentage and details in Article 10 (3) Act of 2015 State Budget. According to the Applicant, the percentage and details stipulated in Article a quo is unfounded, intransparent, and unaccountable, so it contrary to Article 23 the 1945 Constitution.

Moreover, unelaborated percentage and details in the Article a quo will cause errors and abuses in its distribution to provinces, including East Kalimantan Province which doesn’t grant the DAU and results in delaying infrastructure development. (Julie/Prasetyo Adi N)