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Applicant’s Expert Refly Harun delivers testimony at judicial review session on Act of Regional Governance, on Wednesday (7/10) at Plenary Room, the Constitutional Court. Photo PR/Ganie

 

 

 

Preventing abuse, regional government shall conduct authority in electricity management as the frontline of public services, academic of Universitas Gadjah Mada Zainal Arifin Mochtar says via video conference at judicial review session on Act Number 23 Year 2014 of Regional Governance (UU Pemda), on Wednesday (7/10) at Plenary Room, the Constitutional Court Building.

Mochtar says Act Number 32 Year 2009 of Electricity (Undang-Undang Ketenagalistrikan) has removed monopoly practices by particular party, in order to reduce politicization and abuse. However, he assesses that Act of Regional Governance is indeed not provide authority to regional government. According to him, Act of Regional Governance could open opportunity of electricity politicization by provincial government and central government.  

“The authority of electricity management which authorized to provincial government is unclear its legal aspect, because electricity management is different with mining permit which overwhelmed by political and corruptive interests. Electricity management will be possible to be politicized by provincial head who have different political party with regional head,” said him in front of Justice Panel led by Deputy Chief Anwar Usman.

Meanwhile, Applicant’s Attorney Refly Harun explains the lack of electricity suffered by West Kutai Regency should not have occurred if the regulation grants electricity management authority to regional government. He assesses that electricity is more than daily need; it is human rights which shall be fulfilled by the State. Thus, the authority of electricity management shall not be merely seen as authority distribution between central government and regional government.

“When the lack of electricity occurred as suffered by West Kutai Regency, it is very unreasonable if central government prohibits regional government in building production branches in electricity fields and grants electricity management authority to provincial government. However, provincial government is not necessarily able to conduct such obligation, as occurred in East Kalimantan Province,” said him.

West Kutai Regent (Bupati Kutai Barat) Ismail Thomas, Chairman of West Kutai Regional Legislative Council (Ketua Dewan Perwakilan Rakyat Daerah Kabupaten Kutai Barat) Jackson John Tawi and Chairman of West Kutai Communal Presidium (Ketua Presidium Dewan Adat Kabupaten Kutai Barat) Yustinus Dullah files petition registered in Case Number 87/PUU-XIII/2015. They complaint West Kutai Regency suffers electricity problems, which are electricity blackout, instability, difficulties in obtaining electricity connection and high cost of electricity connection. Until today, only 30 percent of West Kutai residents obtain electricity services as the result of lack of electricity.

West Kutai government intends to build power plants by utilizing prevailing natural resources. However, their plan is hampered by the provision stated in CC Appendix Number 5, Sub-Affairs Electricity (Lampiran CC angka 5, Sub Urusan Ketenagalistrikan) stated in Act of Regional Government. The provision is only regulated central government authority and provincial government authority in electricity affairs. The Applicants assess the appendix violates their constitutional rights because it removes regional government authority in electricity affairs. (Lulu Anjarsari/IR/Prasetyo Adi N)

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