However, the process would only be started after the law was included in the State Gazette and assigned a number, the MK chairman said in an interview with a private television station here on Tuesday.
The House of Representatives (DPR) passed the article early on the morning of March 31, which would allow the government to raise the subsidized fuel price if the Indonesian Crude Price rose or declined by 15 percent in the current six month period.
The government had earlier planned to raise the price of subsidized oil fuel as of April 1, triggering protests across the country.
Former justice minister Yusril Ihza Mahendra filed a request with the MK on April 2 for a judicial review of the article, stating it violated Article 33 of the 1945 Constitution.
Mahfud MD said Yusril`s application had just been registered and given a registration number, but had not received a case number.
To issue a case number, he said, the MK would have to wait for the law on the revised budget to be given a law number following its registration in the State Gazette.
"Therefore, the applicant has to wait until the law on the 2012 revised budget receives a law number," he said.
Mahfud also reiterated that the MK is an independent state institution and cannot be co-opted by other powers.
He noted that the MK would process the application whether or not the law violates the constitution.
Yusril said that Article 7 Paragraph 6a is also in opposition to Article 28h Paragraph 1 of the 1945 Constitution declaring citizens` rights to physical and spiritual welfare.
He said, although the insertion of Paragraph 6a in Article 7 was accompanied by the provision of direct aid for the poor, the prices of some commodities had already gone up before the budget for the aid has been set.
"This has the potential of reducing the people`s welfare and, therefore, goes against Article 28h Paragraph 1 of the 1945 Constitution," he added.
Yusril stated that oil and gas are also natural resources that must be controlled by the state for the prosperity of the entire nation. Therefore, the price of oil and gas should not be left to market mechanisms such as those in Paragraph 6a, he said.(*)
Editor: Heru Purwanto
Copyright © ANTARA 2012
