Revision hearing of the judicial review of the Law on the Nationalization of Dutch-Owned Companies, Monday (23/4) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

The material review of the word "free" in Article 1 of Law No. 86/1958 on the Nationalization of Dutch-Owned Companies (Nationalization Law) was held once again by the Constitutional Court (MK) on Monday (23/4). The second hearing of case No. 27/PUU-XVI/2018 was to hear the petition revisions. 

The Petitioner\'s attorney, Salman Darwis, explained that he had revised the petition in accordance with the advice of the panel of justices in the previous session. The Petitioner also added one Petitioner, Lili Junaidi, treasurer of the West Java Christian Secondary Education Foundation (BPSMK-JB Foundation). 

In addition, the Petitioners also sharpen the arguments of the petition by adding theories on the nationalization of assets. "We added elaboration of the regulation nationalization theory in Mexico and the resolution of the United Nations (UN). In addition, the word "free" should not be interpreted limited to state control but also free from lawsuits," he explained in the hearing led by Justice Arief Hidayat. 

The Executive Board of the West Java Christian Secondary Education Foundation (BPSMK-JB Foundation) had previously submitted a judicial review of Law No. 86/1958 on the Nationalization of Dutch-Owned Companies (Nationalization Law). The petition registered to the Constitutional Court Registrar as No. 27/PUU-XVI/2018 reviews Article 1 of the Nationalization Law on the nationalization of Dutch-owned companies. According to the Petitioner, Article 1 of the Nationalization Law harms the constitutional rights of the Petitioner. The Petitioner is the legal owner of the land or assets owned by Het Cristhelijk Lyceum (HCL) located at Jalan Ir. H. Juanda No. 93, Bandung. However, since 1991 to 2018, the Petitioner faced a lawsuit from the Christian Lyceum Society claiming to be the owner of the HCL assets that had been nationalized by the government when, in fact, the Ministry of Finance has relinquished state control over the foreign-owned land assets to the BPSMK-JB Foundation on December 19, 2003.

However, Article 1 of the Nationalization Law has caused the foundation to often facing legal challenges. Article 1 of the Nationalization Law does not provide legal certainty for nationalized assets formerly owned by HCL that have been nationalized and transferred from the state to the Petitioner. Therefore, in the petitum, the Petitioner requested that the Court declare the word "free" in the provision of Article 1 of the Law on Nationalization not having a conditionally unconstitutional binding force as long as it is not interpreted as "Free from all legal demands and lawsuits." (ARS/LA/Yuniar Widiastuti)