Contract Teacher Affirms Legal Standing in Case Against State Capital Law
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The judicial review of the State Capital Law commenced to review the revisions to the petition virtually, Tuesday (5/10/2022). Photo by Humas MK/Ilham W. M.


Tuesday, May 10, 2022 | 11:57 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held the petition revision hearing for the judicial review of Law No. 3 of 2022 on the State Capital (IKN Law) to. The second hearing for case No. 40/PUU-XX/2022 took place on Tuesday, May 10, 2022 virtually from the plenary courtroom.

The Petitioner, Herifuddin Daulay, affirmed his legal standing as an Indonesian citizen who had the right and ability to defend his country.

“The proof that the Petitioner is an Indonesian citizen who have the ability for state defend is the ideas as referred to in the State Defense Law on the formation of mindsets. Currently, the Petitioner is advising the Defense Minister of the Republic of Indonesia to arm the army in border areas and the coasts in anticipation of the expansion of the Russo-Ukrainian war,” he said virtually before panel chair Constitutional Justice Arief Hidayat.

He also elaborated in more detail the backgrounds for the petition, including why the articles being reviewed were against several articles in the 1945 Constitution.

Also read: Contract Teacher Petitions State Capital Law

Herifuddin Daulay, a contract teacher from Dumai, Riau, challenged the State Capital Law formally and materially. As an Indonesian citizen who has the right and ability to defend his country, the Petitioner would like to suggest the Minister of Defense to arm regional armies in the border and coastal areas in anticipation of the spread of the Russo-Ukrainian war, which could threaten the nation and state. Therefore, he believes he should petition the IKN Law formally and materially as it can endanger the nation and state and is unconstitutional.

The Petitioner mainly argued that in the long run, the obscure factors driving the relocation of the state capital. He felt directly disadvantaged by the turmoil due to economic collapse as what occurred in 1965-1998.

If the Law is annulled, he argued, his impairment would no longer exist because there won’t be any issue in the public due to this Law. In order to come at the annulment of the IKN Law and the cancellation of the relocation, he asserted, the right to defend the country as a constitutional right enshrined in the 1945 Constitution can be enforced. This is what drove the Petitioner to petition the Law formally.

The Petitioner believes that the relocation of the state capital would be a gamble with unclear benefits for the people and the state, thus in violation of the 1945 Constitution, especially the Preamble. He believes the vast funding needed to relocate is better directed for producing outstanding leaders in education and economy.

Writer        : Nano Tresna Arfana
Editor        : Lulu Anjarsari P.
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 5/10/2022 13:32 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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