The plenary hearing for judicial review of Law Number 56 Government Regulation In Lieu of Law Year 1960 on Agricultural Land Area Determination was held on Tuesday, June 26, 2007 in the court room of the Constitutional Court. The hearing was scheduled for the hearing of statement from the Government. In the hearing, the government was presented among others by the high-ranking officials from the National Land Agency (BPN) represented by the Deputy of Land Regulation and Arrangement of the BPN, Dr. Ir. Yuswanda Tumenggung, Director for BPN Cases, Agus Wijayanto, S.H., M.H., the Head of the BPN’s Legal Center, Dr. Guna Negara, and the Director of Land Reform, Gunawan Sasmita, MPA. In addition, the hearing was also attended by the high-ranking officials from the Department of Law and Human Rights, namely the Director of Litigation of the Department of Law and Human Rights, Sofyan and the Head of Litigation Division of the Department of Law and Human Rights, Mualimin Abdi. Meanwhile, the Petitioner was present alone without his attorney.

The judicial review of Law Number 56 Government Regulation In Lieu of Law Year 1960 was filed by Yusri Ardisoma. In this petition, the Petitioner represented himself as the heir having land excess since 1979. The Petitioner explained that the coming into effect of Law Number 56 Government Regulation In Lieu of Law Year 1960, especially Article 10 Paragraphs (3) and (4) and its elucidations have failed to provide legal certainty because only a person committing criminal act is subject to this regulation. Meanwhile, a person not relating to crime is allowed while in fact some of them may own land exceeding the maximum limit. This is where the discrimination occurred which is considered contradictory to Article 28H of the 1945 Constitution stating that “Every person shall have the right to possess personal proprietary rights and such proprietary rights may not be taken over arbitrarily by anybody.”

Responding to the matter explained by the Petitioner, the Deputy of Land Regulation and Arrangement of the BPN, Dr. Ir. Yuswanda Tumenggung read the written statement from the Head of the BPN which stated that in relation to Article 33 Paragraph (3) of the 1945 Constitution, the land management should be based on four basic principles, namely land contribution to the citizens’ welfare, justice, sustainability, nationality and state, and that the land must contribute to the order of a harmonious social life.

Meanwhile, the reason for determining the maximum limit as provided for in Law Number 56 Government Regulation In Lieu of Law Year 1960 is the social injustice that took place in 1960’s. This Law Number 56 Government Regulation In Lieu of Law Year 1960 implements the provision of Article 15 of the Basic Agrarian Law which provides for a balanced regulation on public and private rights.

The compensation is paid to those who obey such provision, namely by reporting to the BPN in the period of 3 months. Thus, there is no provision in Law Number 56 Government Regulation In Lieu of Law Year 1960 that violates the citizens’ private rights so that there is no provision of Law Number 56 Government Regulation In Lieu of Law Year 1960 that is constitutionally contradictory to the 1945 Constitution.

At the end of the hearing, the Chairperson of the Panel of Constitutional Court Justices, Prof. Dr. Jimly Asshiddiqie, S.H. gave the Petitioner the advice if he would like to present witness or expert in the following hearing. The government which in this matter was represented by the Department of Law and Human Rights will submit the written statement concerning this case. The hearing of the Agricultural Land Area Determination Law ended at 11.30 Western Indonesian Time. (Vipin)