Imal Ikhwani

SBY aide plays down attempt to challenge revised state budget

Bagus BT Saragih, The Jakarta Post, Jakarta | Mon, 04/02/2012 7:53 PM

Albert Hasibuan: Presidential adviser. Kompas/Arbain Rambey

Newly installed presidential adviser Albert Hasibuan downplayed on Monday planned efforts to present a challenge before the Constitutional Court (MK) regarding the revised 2012 State Budget law, which has been considered controversial by many due to an article allowing the government to increase fuel prices.

Albert claimed that no single article within the law, which had just been passed by the House of Representatives on Saturday, was against the 1945 Constitution.

“I have learned that Yusril plans to file a judicial review to challenge the law, but I think his arguments are weak,” Albert said at his office, referring to state administrative expert and former law and human rights minister Yusril Ihza Mahendra.

“The law allows the government to increase the fuel price under certain conditions, and if [action] must be taken, that would only be for the sake of the people,” he added. “Why do you challenge a law that was created for the sake of the people’s welfare?”

Yusril and opposition politicians have considered the law’s article 7 clause 6A unconstitutional and against the Constitution because it allows the government to freely determine subsidized-fuel prices under market mechanisms.

The clause says that the government has the authority to increase the price of subsidized fuels if the Indonesian Crude Price (ICP) increases or decreases by 15 percent on average compared to the ICP assumption of US$105 within the past six months.

They believe it is against Article 33 the 1945 Constitution, which states that all natural resources are to be controlled by the state and be used for the people’s welfare.

Yusril and his team filed the judicial review with the MK later on Monday.

Albert said the Law and Human Rights Ministry had been gearing up to face the challenge. “We will prove that the Revised State Budget is for the people’s welfare and is thus in line with Article 33 of the Constitution,” he said.