Constitutional Court’s decision has been defeated at the House of Representatives: Government bill causes The Regional Head (Kepala Daerah) hard to be arrested

May 27, 2013

Constitutional Court’s decision has been defeated at the House of Representatives: Government bill causes The Regional Head (Kepala Daerah) hard to be arrested

Draft of Local Government Act (RUU Pemda) potentially against the decision of the Constitutional Court (MK). In the decision of the Court in 2011, is mentioned, the investigation officer who lodged the law does not need written approval from the president.

But, the government bill is being discussed in the Parliament, the Constitutional Court returned the verdict. That, the investigation of a Regional Head (Kepala Daerah) had written on presidential agreement.

“If the government enacted the bill, then the bill could potentially fight the decision of the Court,” said Executive Director of PATTIRO ( Pusat Telaah dan Informasi Regional- Center for Regional Studies and Information) Sad Dian Utomo.

Keep in mind, the decision of the Court Number: 73/PUU-IXJ2011, expressed, written consent of the president at this stage of Regional Head (Kepala Daerah) investigation does not have sufficient legal rationality. So, the declared Article 36 Paragraph (1) of Law No. 32 of 2004 unconstitutional. So ,they no longer have legally binding force.

But, in the local government bill that is now being deliberated by Parliament and the Government, the procedure to investigate The Regional Head (Kepala Daerah) even convoluted. First, law enforcement officers must obtain written approval from the President when they will conduct the investigation against Regional Head (Kepala Daerah). Second, law enforcement officers must obtain written approval from the President when they will hold The Regional Head (Kepala Daerah) suspects. That provision, said Dian, is in Article 75 of the bill.

“It’s definitely powerful enough to fortify the existence of regional heads to reduce or avoid the actions of law enforcement investigations. It appears from the licensing procedures that must be undertaken by law enforcement. These procedures make it difficult for law enforcement officers, “he said.

According Sad, the re-inclusion of the material in the draft of Local government Act shows the intention and attitude against the constitution. Intentions and attitude towards the 1945 resistance was in show of government neglect of the decision of the Constitutional Court (MK).

“This president does not have a permit legal rationality enough, and will treat citizens differently under the law. Often there are concerns, the officials allegedly involved in the case will be tried in various ways in order to request investigation permission from president do not come out. Neither the investigators nor the block at the level of the rate of any other process, “he explained.

Because of that, he hopes, Government subject to the decision of the Court. “Efforts to fight the government against the decision of the Court is tantamount to fighting and violating the constitution,” he said.

Previously, the Corruption Eradication Commission (KPK) has captured several Regional Head (Kepala Daerah) were stuck with cases of corruption. Among others, The regent (Bupati) of Buol Amran Batalipu. Then,The Regent of Mandailing Natal (Madina) Hidayat Batubara. Latest, The Regent of Aru Teddy Tengko.