The petition revision hearing of the judicial review of Law No. 3 of 2022 on the State Capital for cases No. 47/PUU-XX/2022, 48/PUU-XX/2022, and 49/PUU-XX/2022, Wednesday (5/11/2022). Photo by Humas MK/Ilham W. M.
Wednesday, May 11, 2022 | 21:04 WIB
JAKARTA, Public Relations—The petition revision hearing of the formal judicial review of Law No. 3 of 2022 on the State Capital (IKN Law) took place in the Constitutional Court (MK) on Wednesday, May 11, 2022. The hearing examined three cases: No. 47/PUU-XX/2022, 48/PUU-XX/2022, and 49/PUU-XX/2022.
The Petitioner of case No. 47/PUU-XX/2022, driver of angkot public transit Mulak Sihotang, did not appear before the Court but had previously submitted the revised petition to the Court’s Registrar’s Office.
“[The justice panel] will report to the justice deliberation meeting to decide on the continuation of this case,” said Constitutional Justice Arief Hidayat as panel chair.
Next, the panel examined the revisions to case No. 48/PUU-XX/2022, filed by advocate Damai Hari Lubis. Through legal counsel Firly Noviansyah, he stressed that he would like to go ahead with the formal judicial review of the IKN Law.
“[In the previous petition], it was said ‘the Petitioners,’ we changed it to ‘the Petitioner’ because it is singular,” he said before elaborating the revised backgrounds to the petition.
Meanwhile, Petitioner of case No. 49/PUU-XX/2022 Phiodias Marthias, who appeared before the Court virtually, stressed that his petition was still within the deadline for a formal review. He also stressed his legal standing as an activist and advocate. He also detailed his constitutional losses in relation to his legal standing.
Also read: Public Transit Driver Challenges Location and Funding of New State Capital
At the preliminary hearing for case No. 47/PUU-XX/2022 on Tuesday, April 19, the Petitioner alleged that the formation of the IKN Law, starting from planning, drafting, ratifying, to stipulating, should have been transparent and involved the community. However, he found that several procedures were violated in the formation the IKN Law: the Spatial Planning Law No. 7 of 2007, the Regional Regulation No. 10 of 2004 on the Master Plan for Spatial Planning for the Province of East Kalimantan, and the Regional Regulation No. 12 of 2010 on the Regional Spatial Planning of East Kalimantan Province. Thus, the IKN Law is formally defective.
In addition, he asserted, had the Law followed the correct procedure, the spatial master plan for East Kalimantan Province should have been revised first to obtain recommendations for the preparation of a master plan for the new state capital. As such, the relocation would get permission from the regional government in advance.
Also read: State Capital Law Challenged for Lacking Public Participation
Meanwhile, at the preliminary hearing, the Petitioner of case No. 48/PUU-XX/2022 through legal counsel Arvid Martdwisaktyo argued that the discussion of the State Capital Bill had only taken 42 days and its planning—which include planning the development, regulation, and state finances, as well as the development—was not continuous. This is because the plan to move the state capital has never been stated in the National Long-Term Development Plan (RPJPN) in Law No. 17 of 2007 on RPJPN, Law No. 39 of 2008 on State Ministries, and the 2015-2019 National Medium-Term Development Plan (RPJMN).
“The state capital [relocation] suddenly appeared in the Presidential Regulation No. 18 of 2020 on the 2020-2024 National Medium-Term Development Plan. Even so, the state capital [relocation] budget has never been found in the Law on the State Revenue and Expenditure Budget for the fiscal years of 2020, 2021, and 2022,” he said.
Also read: State Capital Law Deemed Potentially Disruptive to Nation’s Future
The Petitioner of case No. 49/PUU-XX/2022 alleged that the IKN Law could potentially disrupt the nation’s future and burden the nation’s future because the considerations in its formation did not take into account the need to strengthen the foundation of the nation’s intellectual development.
Writer : Nano Tresna Arfana
Editor : Nur R.
PR : Tiara Agustina
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 5/12/2022 09:15 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.
Wednesday, May 11, 2022 | 21:04 WIB 327