Yusril Will Test APBNP Act 2012 to the Constitutional Court

Constitutional law expert Yusril Izha Mahendra will bring APBNP Act 2012 to the Constitutional Court. Yusril will test meterial and formally authorized by law after President Susilo Bambang Yudhoyono.

"I'm preparing a draft of formal and material testing. Admission to the Court just wait for it endorsed by the President. There are many academics and lawyers who had contact I wanted to do a test on the Constitutional Court," said Yusril when contacted on Saturday (30/03/2012) .

Yusril rate, materially, Article 7 Paragraph 6a is contradictory to Article 28D and Article 33 of the 1945 Constitution. Yusril refers to the interpretation of the Constitutional Court in 2003 when the test of Article 28 of Law Number 22 Year 2001 on Oil and Gas.

The substance of Article 7, Section 6 of Law 2012 Budget set the retail price of subsidized fuel is rising. However, the substance of Section 6a in APBNP Act 2012 allows the government to adjust the price of subsidized fuels if there is an increase or decrease more than 15 percent of Indonesia's crude oil prices (ICP) on average for six months.

Yusril said, the substance of Section 6a is the same as Oil and Gas Act before the Constitutional Court canceled. "The price of oil and gas in the country left to the market price. So the price can fluctuate, up or down," said Yusril.

"Article on oil and gas law was then canceled the Court. Interpretation of the Constitutional Court, the price of oil and gas can not be left to market mechanisms. Still have no government control on prices. If the Court interpreted it, well forever remain state-controlled prices," said Yusril.

In addition, continued Yusril, there is a conflict between Section 6 to 6a. In Section 6 does not mention the price of subsidized fuel up. But in verse 6a prices may go up later with certain conditions.

"It also creates uncertainty in the community. What price will go up later, people also do not know. There are laws that do not provide legal certainty," said the former Minister of Justice and Human Rights.