The Government represented by the Minister of National Development Planning (PPN)/Head of the National Development Planning Agency (Bappenas), Suharso Monoarfa, testifying at the judicial review hearing of Law No. 3 of 2022 on the State Capital virtually, Thursday (4/21/2022). Photo by Humas MK/BPE.
Friday, April 22, 2022 | 05:33 WIB
JAKARTA, Public Relations—The material and formal judicial review hearing of Law No. 3 of 2022 on the State Capital (IKN Law) commenced in the Constitutional Court (MK) virtually on Thursday, April 21, 2022 to hear the Government and the House of Representatives (DPR). The hearing was for two cases, No. 25/PUU-XX/2022 and No. 34/PUU-XX/2022.
The Government was represented by the Minister of National Development Planning (PPN)/Head of the National Development Planning Agency (Bappenas), Suharso Monoarfa. Commenting on the Petitioners’ legal standing, he stated that the law would not factually lead to legal impacts that would impair the Petitioners’ constitutional rights or lead to other types of loss.
“Therefore, the Petitioners did not have the right to file the formal a quo petition and it would be legally warranted that Your Excellencies Chief Justice and Constitutional Justices reject their legal standing in its entirety,” he said before the plenary bench chaired by Chief Justice Anwar Usman.
Monoarfa said the relocation of the state capital city in the a quo Law is part of welfare law politics that serves to develop and manage the nation’s capital city as a world city for all. The main goal is to create an ideal city to serve as a reference for development.
“The grand vision aims to make the capital city of the archipelago a sustainable city in the world, to create security, harmony with nature, resilience, [and] efficiency through resource management and other things,” he explained.
The formation of the IKN Law, he asserted, was not unconstitutional as the bill had been discussed intensively by the House’s Legislation Body (Baleg) and the Government, which was represented by the Minister of National Development Planning/Head of Bappenas, the Minister of Home Affairs, the Minister of Finance, the Minister of Agrarian and Spatial Planning, the Minister of Law and Human Rights. Academic texts had also been written for it. “As such, the drafting of the IKN Law was in accordance with the 1945 Constitution and the lawmaking procedure,” he revealed.
Monoarfa explained the main reasons for the relocation. The new location is highly strategic, being in the middle of Indonesia and is in the archipelago’s sea lane. It has a relatively complete infrastructure—it has an airport, a port, and toll roads. It is close to two strategic cities—Balikpapan and Samarinda. The government-controlled land is ideal for the development of the capital city. In addition, it has minimal risk of natural disasters.
Accommodating Public Participation
House Commission III member Arteria Dahlan said on behalf of the House that the legislatures had accommodated public participation through various activities and had sought inputs for the drafting of the IKN Law. The relocation’s urgency is because Jakarta is no longer feasible as a capital city due to uncontrolled population growth as well as environmental and various other problems.
“Therefore, the relocation of the capital city is expected to be able to promote the reduction of gaps and to improve economy outside of Java,” he stressed.
He emphasized that the Petitioners’ arguments were inaccurate to base the petition. Moreover, the Petitioners did not elaborate their constitutional impairment specifically.
Also read:
National Axis for State Sovereignty Challenges State Capital Law
Deemed Formally Defective, State Capital Law Challenged Again
National Axis for State Sovereignty Adds 12 Other Petitioners in Case on State Capital Law
Din Syamsudin and Others Revise Petition on State Capital Law
The case No. 25/PUU-XX/2022 was filed by Abdullah Hehamahua, Marwan Batubara, Muhyidin Junaidi, Lt. Gen. Suharto (Retired), Maj. Gen. Soenarko MD (Retired), Taufik Bahaudin, Syamsul Balda, Habib Muhsin Al Attas, Agus Muhammad Maksun, M. Mursalim R, Irwansyah, and Agung Mozin (Petitioners I-XII). All twelve Petitioners were represented by legal counsel Viktor Santoso Tandiasa.
Tandiasa asserted that the Petitioners could not provide their inputs and criticism during the formation of the IKN Law, as it was formed in only 42 days. The hasty process led to the lack of public participation, which could potentially lead to horizontal conflicts.
Meanwhile, the case No. 34/PUU-XX/2022 was filed by 21 Petitioners of various professions such as academics, private employees, entrepreneurs, and journalists, Din Syamsudin, Azyumardi Azra, and Didin S. Damanhuri. They believe that their constitutional rights had been impaired by the enactment of the IKN Law.
Through legal counsel Ibnu Sina Chandranegara, they asserted that the formation of the IKN Law had only listened 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 feel disadvantaged by the enactment of Article 1 paragraph (2) and paragraph (8), Article 4, and Article 5 paragraph (4) of the IKN Law, which they believe to be in violation of Article 18 paragraph (1) and paragraph (2), Article 18A paragraph (1), and Article 18B paragraph (1) of the 1945 Constitution for failing to fulfill acknowledgement and protection of their rights, legal certainty, and equality before the law.
Relating to the formal judicial review, the Petitioners argued that Article 27 paragraph (1) and Article 28C paragraph (2) of the 1945 Constitution provide opportunities for citizens to participate in government. If the formation of laws and regulations reduces community participation to debate and discuss the contents, then it can be said to have violated the people’s sovereignty.
Writer : Nano Tresna A.
Editor : Nur R.
PR : Andhini S. F.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 4/22/2022 09:54 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.
Friday, April 22, 2022 | 05:33 WIB 387