The judicial review hearing of Law No. 3 of 2022 on the State Capital (IKN Law) to examine the revisions to the petition, Tuesday (4/12/2022). Photo by Humas MK/Ilham W. M.

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Tuesday, April 12, 2022 | 14:01 WIB

JAKARTA, Public Relations—The judicial review hearing of Law No. 3 of 2022 on the State Capital (IKN Law) commenced in the Constitutional Court (MK) on Tuesday, April 12, 2022. The case No. 34/PUU-XX/2022 was filed by 21 Petitioners, including Azyumardi Azra, Din Syamsudin, and Didin S. Damanhuri.

Legal counsel Ibnu Sina Chandranegara conveyed the revisions to the petition, saying that the Petitioners would like to challenge the Law only formally.

“We have made revisions by changing the petition into one for the formal judicial review, from the formal and material one. There is also a change to the format following the procedural law. The Court’s authority is laid out first, followed by legal standing, and the background of the petition,” he said before the panel chaired by Deputy Chief Justice Aswanto.

There were no changes to the Court’s authority and the deadline for filing the petition. The Petitioners argued about the legal standing as taxpayers, as they realized that the a quo Law could create a special tax.

“The Petitioners filed for the formal judicial review petition for two reasons. First, the lack of considerations on the right to obtain answers, pursuant to the Constitutional Court Decision No. 91 of 2020. Second, the Petitioners believe the second appendix of Law No. 3 of 2022 to be nonexistent or not even discussed,” Chandranegara explained.

Justice Aswanto, who presided over the hearing alongside Constitutional Justices Arief Hidayat and Daniel Yusmic P. Foekh, requested that the evidence be adjusted to the revised petition.

Also read: Deemed Formally Defective, State Capital Law Challenged Again

At the preliminary hearing, the Petitioners requested the formal and material judicial review of Law No. 3 of 2022 on the State Capital (IKN Law). The Petitioners believe that the formation process of the IKN Law, which only considered inputs from certain stakeholders but not those that reflect the Petitioners’ aspirations, had impaired their right to information and to develop themselves and their social environment. They also asserted that guarantee of acknowledgement and protection of their rights, legal certainty, and equality before the law had not been fulfilled due to the enactment of the a quo Law.

The Petitioners believe that the IKN Law stipulates that the Nusantara capital city will be a special regional government equal to a province and carry out government affairs in the Nusantara capital city, organized by the authority of Nusantara capital city as a ministry-level institution that organizes regional government. They believe such a format to be in violation of Article 18 paragraph (1) of the 1945 Constitution, which stipulates that the Unitary State of the Republic of Indonesia be divided into provinces and the provinces be divided into regencies and cities, where each province, regency, and city has a regional administration.

Therefore, in the petitum, the Petitioners requested that the Court declare the formation of the IKN Law unconstitutional and not legally binding, and Article 1 paragraph (2), Article 1 paragraph (8), Article 4, and Article 5 paragraph (4) of Law No. 3 of 2022 on the State Capital unconstitutional and not legally binding.

Writer        : Nano Tresna A.
Editor        : Lulu Anjarsari P.
PR            : Andhini S. F.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 4/13/2022 08:07 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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