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The Court Rejected The Suit Of Citizens About Cigarettes

VIVAnews -Central Jakarta District Court rejected a lawsuit by the community or citizen lawsuit requesting cancellation of the rule of the Governor the number 88 in 2010, about the Smoking Area.

The verdict was read by presiding judge Ennid Hasanuddin at Central Jakarta District Court, Tuesday, July 19, 2011. The Tribunal assesses the lawsuit suit filed citizens do not need to proceed to the stage of examination of the subject matter.

Tribunal judges agreed with the argument exception the applicant citizen intervention Jakarta represented Public Advocate Solidarity for Tobacco Control.

Based on the exception, the suit was judged not qualified and the mechanism of filing of the suit of citizens. Because, in its case is precisely asking for cancellation Pergub 88/2010 the Authority put on trial in test material in the Supreme Court (MA).

"The cancellation of rule perundangan-undangan under the Statute is authority test material in the Supreme Court," explains Ennid.

While the question of the ruling of the judge, the Coordinator of the Public Advocate Solidarity for Tobacco Control, Tigor Nainggolan said, this ruling strengthened the rights of communities receive clean air.

"Life is to be regulated. The existence of this Pergub protect the citizens of Jakarta, "Tigor said.

Menututnya, the rule of the Governor is not banning citizens smoke, but rather set anywhere from the area are allowed to smoke. As for the argument of the plaintiff's lawsuit limitation rate disadvantage for entertainment venues, yet to be proved.

"Proven first, jangan asal ngomong. Kompetensinya alone is not appropriate, I think Pergub was arranged for ethical people, "he said.

Related to this case, the plaintiff claimed to appeal the verdict. "We will appeal," said the power law plaintiff, Habibburokhman.

According to Habib, when a judge could instruct the policy holder to create a rule, it did not rule out the judge can also invalidate legislation.

"If the judges can be instructing the Executive and the legislature makes the rules, then the judge could also ordered the cancellation of the regulations," said she. (sj)

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