Constitutional Court Rejects Lawsuit Establishment Act Kaltara Province

North Kalimantan

Chief Justice  Hamdan Zoelva

Constitutional Court Rejects Lawsuit Establishment Act Kaltara Province


 The Constitutional Court rejected the petition for judicial review of Law No. 20 Year 2012 on the Establishment of the North Kalimantan ( Kaltara ) .

" Rejecting the petition of the petition in its entirety , " said Chief Justice Zoelva Hamdan , when reading the verdict on Thursday .

According to the court , the principal applicant's request is not unreasonable under the law .

Testing Act was filed by Syarif Almahdali , Zulkifli Alkaf ; Tamrinpara who is a candidate member of the East Kalimantan Provincial Parliament .

They test of Article 10 paragraph ( 1 ) , the elucidation of Article 10 paragraph ( 2 ) , Article 13 paragraph ( 1 ) , Article 13 paragraph ( 4 ) , and Article 20 paragraph ( 1 ) of Law no. 20 The year 2012 resulted in a violation of the constitution, as contrary to Article 28D paragraph ( 1 ) of the 1945 Constitution .
They disputed gubernatorial election deadline , ie , at the earliest two years since the North Kalimantan Province was inaugurated , and for the Legislative Council of the Province of North Borneo was formed by the General Election results in 2014 , which is taking oath / pledge occur not later than four months after taking oath / appointments member Legislative Council of East Kalimantan Province .

" The provision applies to all citizens who are eligible to occupy the post of the Governor and / or the Deputy Governor , or Member of Provincial Parliament , the filling mechanism is set in a range of legislation , " said Judge Maria Farida Constitution , when reading legal considerations .

According to him , the State of Indonesia as state law requires governance by legislation that guarantees equal treatment of all citizens .

" Therefore , governance must be based on the laws and regulations as the embodiment of the rule of law and equal treatment in the legal field . Already -determined in the legislation will ensure the realization of equality of treatment , because every person or citizen must obey the laws and invitation , "said Maria .