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Applicant’s Attorneys Andie H. Makassau and Nadjamuddin deliver petition points at preliminary session on Act of Regional Governance (UU Pemerintahan Daerah) on Monday (23/11) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

Donggala Regent Kasman Lassa sues the provision of central-regency government authority division which regulated in Act of Regional Governance (UU Pemerintahan Daerah). The Court holds preliminary session of Case Number 136/PUU-XIII/2015 on Monday (23/11) at Plenary Room, the Constitutional Court Building.  

The Applicant reviews three norms; Article 14 (1), Article 14 (3), and Article 15 (1) Act a quo. Those Articles basically regulate the implementation of government affairs in forestry, marine, energy, and mineral resources which conducted by central government and provincial government, including in oil and gas management.  

According to the Applicant, the norms have ignored regency government role that actually regulated by Article 18 (2) the 1945 Constitution which stated provincial governments, regency governments, and city governments govern and manage their own affairs in accordance with the principle of autonomy and duty of assistance. The Applicant assesses the norms have cut regency government’s rights and authority in managing natural resources which exist within the regency area. He considers that natural resources management will provide sufficient revenue to develop his regency.    

In preliminary session led by Constitutional Justice Aswanto, Applicant’s Attorney Andie H Makassau delivers that the norms have caused a shift in the duties and functions of regency government. “A shift has occurred and removed the portion of duties and functions of regency government as the holder of important role in economic empowerment and regional revenue,” said Makassau.

Therefore, the Applicant requests the Court to declare Article 14 (1), Article 14 (3), and Article 15 (1) Act Number 23 Year 2014 of Regional Governance, as well as the Matrix Appendix of affairs division which covered in the Act a quo, contrary to the 1945 Constitution.

Responding the petition, Constitutional Justice Maria Farida Indrati advises the Applicant to recognize whether the authority changes reviewed by him affect other regents because the verdict of the judicial review will affect other regents if the petition granted. Indrati further says that the Applicant may justify his constitutional loss by adding the affect of the norms reviewed which occurs on other regents.

“If this petition granted, it will affect other regencies too. You shall recognize whether there is an impact on other regents that could justify to the Court that the norms are indeed problematic. There are 400 regencies and cities, but only one regent who file the norms to be reviewed,” said Indrati.

Prior to closing the session, Constitutional Justice Aswanto reminds the Applicant to submit petition revision to Court\'s Registrar within 14 days. (Yusti Nurul Agustin/Prasetyo Adi N) 

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