Preliminary judicial review hearing of the State Capital Law to examine the petition virtually, Tuesday (4/12/2022). Photo by Humas MK/Ilham W. M.

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Tuesday, April 12, 2022 | 17:53 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held a formal and material judicial review hearing of Law No. 3 of 2022 on the State Capital (IKN Law) on Tuesday, April 12, 2022. The case No. 39/PUU-XX/2022 was filed by Sugeng, a retired employee of the Audit Board (BPK).

At this preliminary hearing chaired by Constitutional Justice Arief Hidayat, the Petitioner argued that the formation of the IKN Law had violated lawmaking principles and been hasty and a mere formality.

“So, on September 29 [2021], the President proposed the bill to the House, for which a meeting for the special committee was scheduled. Within that short time, legal experts were summoned. In under 40 days, the Law was approved by the House,” Sugeng said, explaining the background of the formal judicial review petition.

Meanwhile, for the material judicial review, Sugeng argued that the state was in a direr need of funding to weather COVID-19 pandemic than to relocate the state capital. He also added that the state budget should be utilized for paying debts, to mitigate natural resources, to renew its primary weaponry defense system (alutsista), for education, and for the election.

Sugeng also asserted that the capital’s relocation to Kalimantan would potentially damage the environment and the life of fauna and flora, likely caused by the development of the city, housing, stores, and markets. Kalimantan forests, known as the world’s lungs, could live only in memory. Even today flooding is a common occurrence there, and could undoubtedly be more common after the relocation.

Therefore, he argued, the Government should focus on improving the people’s welfare and on national development. In the petitum, he requested that the Court revoke the IKN Law. 

Total Revisions

In response, Constitutional Justice Manahan M. P. Sitompul advised the Petitioner to study the Constitutional Court Regulation (PMK) and previous petitions on the Court’s website. He also suggested that the Petitioner elaborate his constitutional impairment.

Meanwhile, Constitutional Justice Daniel Yusmic P. Foekh advised the Petitioner to revise the format of the petition, especially in relation to the material judicial review.

“It seems that there should be total revisions to the petition. The reference to filing a petition is in PMK No. 2 of 2021. [It explains] the formal and material judicial review,” he explained.

Similarly, Constitutional Justice Arief Hidayat (panel chair) recommended that the Petitioner revise the petition’s format to cover the subject of the petition, the Petitioner’s profile, the Court’s authority, the Petitioner’s legal standing, and the background of the petition.

“So, [the petition] must be revised completely,” he said.

Writer        : Utami Argawati.
Editor        : Nur R.
PR            : Tiara Agustina
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 4/13/2022 08:38 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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