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Jakarta, MKOnline - Four experts from the Petitioner delivered his statement before the Plenary Session of the case SKLN between the Ministry of Energy and the Government District. East Kutai, on Thursday (21 / 7). The four experts who delivered his statement, Prof. Dr. Laica Marzuki (Professor of Law Faculty of Hasanuddin and ex-Judge Court), Prof. Muchsan (Former Supreme Court Justice), Dr. Indra Butler (Lecturer Unpad FH), and Prof.. Mas’ud Said (Lecturer Faculty of Law University of Malang).
The trial was the case with Number 3/SKLN-IX/2011 chaired by the Chairman of the Constitutional Court (MK), Moh. Mahfud MD. Petitioner’s expert was given his first submit his statement, namely Laica Marzuki.
Ex-judge constitution deliver related interpretations of Article 1 paragraph (1) of the 1945 Constitution in conjunction with Article 18 paragraph (1) and subsection (5) the same law. In the articles stipulated that Indonesia is a unitary state is a republic and is divided into areas of the province. Further areas of the province is further divided into counties and cities whose governments are run with broad autonomy. However, government affairs governed by the laws into the affairs of the central government.
Further Laica said that the affairs of the central government according to the 1945 Constitution, namely the political affairs of foreign, defense, security, justice, monetary and national fiscal, and religion. ”Outside of the central government affairs, government affairs under the authority of other autonomous regions. This mining excluding central government affairs, “said Laica.
Laica also said Law. 4 in 2009 on Mineral and Coal has made local governments, especially local government district. East Kutai unable to perform its constitutional authority to regulate and manage their own affairs in the fields of energy and mineral resources.
“The mining of minerals and energy it ought to be a constitutional government or the provinces, kabipaten / town in casu the applicant District Government of East Kutai, East Kalimantan,” said Laica.
The same thing also expressed GMU Professors, Muhsan. Related to regional autonomy, Muhsan said that the local government, both provincial and regency / city that existed as an autonomous region has the broadest authority onotom too.”According to Prof. Mr. Durpsteen in his book ‘Administratiief Recht’, otonomo authority is empowered to take care of their own households which include the authority to regulate and manage its own human resources, financial manage their own authority, and authority to empower the community, “said Muhsan.
Furthermore, Muhsan said, according to Article 33 paragraph (2) and paragraph (3) of the 1945 Constitution, local government has the right to explore the sources of finance including managing the natural resources in the area of administration.However, after the advent of Law no. 4 of 1999 which clearly states the management of mining Mining under the authority of central government.
“Supposedly, an authority must be comprehensive both procedural and substantive. This means, the management authority that includes the mining licensing, zoning, or operation of mining activities is a local government authority, “said Muhsan. (Yusti Nurul Agustin / mh)
The trial was the case with Number 3/SKLN-IX/2011 chaired by the Chairman of the Constitutional Court (MK), Moh. Mahfud MD. Petitioner’s expert was given his first submit his statement, namely Laica Marzuki.
Ex-judge constitution deliver related interpretations of Article 1 paragraph (1) of the 1945 Constitution in conjunction with Article 18 paragraph (1) and subsection (5) the same law. In the articles stipulated that Indonesia is a unitary state is a republic and is divided into areas of the province. Further areas of the province is further divided into counties and cities whose governments are run with broad autonomy. However, government affairs governed by the laws into the affairs of the central government.
Further Laica said that the affairs of the central government according to the 1945 Constitution, namely the political affairs of foreign, defense, security, justice, monetary and national fiscal, and religion. ”Outside of the central government affairs, government affairs under the authority of other autonomous regions. This mining excluding central government affairs, “said Laica.
Laica also said Law. 4 in 2009 on Mineral and Coal has made local governments, especially local government district. East Kutai unable to perform its constitutional authority to regulate and manage their own affairs in the fields of energy and mineral resources.
“The mining of minerals and energy it ought to be a constitutional government or the provinces, kabipaten / town in casu the applicant District Government of East Kutai, East Kalimantan,” said Laica.
The same thing also expressed GMU Professors, Muhsan. Related to regional autonomy, Muhsan said that the local government, both provincial and regency / city that existed as an autonomous region has the broadest authority onotom too.”According to Prof. Mr. Durpsteen in his book ‘Administratiief Recht’, otonomo authority is empowered to take care of their own households which include the authority to regulate and manage its own human resources, financial manage their own authority, and authority to empower the community, “said Muhsan.
Furthermore, Muhsan said, according to Article 33 paragraph (2) and paragraph (3) of the 1945 Constitution, local government has the right to explore the sources of finance including managing the natural resources in the area of administration.However, after the advent of Law no. 4 of 1999 which clearly states the management of mining Mining under the authority of central government.
“Supposedly, an authority must be comprehensive both procedural and substantive. This means, the management authority that includes the mining licensing, zoning, or operation of mining activities is a local government authority, “said Muhsan. (Yusti Nurul Agustin / mh)
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