Deputy Chief Justice Aswanto chairing the petition revision hearing of the formal judicial review of Law No. 3 of 2022 on the State Capital, Wednesday (5/11/2022). Photo by Humas MK/Ifa.

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Wednesday, May 11, 2022 | 12:43 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held another hearing for the formal judicial review of Law No. 3 of 2022 on the State Capital (IKN Law) on Wednesday, May 11, 2022. The case No. 54/PUU-XX/2022 was filed by M. Busyro Muqoddas, Trisno Raharjo, Yati Dahlia, Dwi Putri Cahyawati, the Indigenous Peoples of the Archipelago (AMAN), and the Indonesian Forum for Living Environment (WALHI) (Petitioners I-VI).

At the second hearing, legal counsel Ikhwan Fahroji stated that the Petitioners had revised the petition following the justices’ advise. Revision had been made on the elaboration on the Court’s authority in lawmaking. “Especially Article 24 paragraph (2) in the [third-stage] amendment of the 1945 Constitution,” Ikhwan said.

He added that the Petitioners’ legal standing had also been revised in that Petitioners I-IV are Indonesian citizens as proven by their KTP (resident identity cards), eligible voters in elections, and taxpayers as proven by their NPWP (tax identification number). They had also elaborated each of their constitutional impairment in more detail.

Also read: Lacking Public Participation, State Capital Law Challenged Again

At the preliminary hearing, the Petitioners alleged that the IKN Law was formed without any meaningful participation as referred to in the Constitutional Court Decision No. 91/PUU-XVIII/2020.

They also alleged that the Law had not involved those who had concerns for it, such as Petitioners I, II, and IV. They are people with vast and strategic opinions and perspectives on the state capital, who should have been involved in the formulation of the Law.

In addition, the customary law community in the new capital location, who would be directly impacted, were also not involved. “The results of the identification of the customary law community in the IKN area in the academic text of the IKN bill show that there are at least 7 indigenous ethnic groups in the IKN-to-be area, while the rest are immigrants of various ethnic groups (Javanese, Buginese, Banjarese, etc.) in Indonesia. The identified indigenous ethnic groups are1) Paser, 2) Kutai, 3) Bajau, 4) Dayak Basap, 5) Dayak Kenyah, 6) Dayak Benuaq, and 7) Suku Dayak Tunjung peoples. Moreover, referring to the academic text, there are two potential socio-economic impacts on the people who leave in the IKN-to-be area, that is, the loss of livelihood and residence,” legal counsel Ermelina Singareta explained.

In the petition, the Petitioners also asserted that the formation of the IKN Law was against the principles of usefulness and effectiveness. They believe that every legislation should be created on the basis of real needs and usefulness for regulating the life of the people, nation, and state. Thus, based on those reasons, the Petitioners requested that the Court declare the IKN Law unconstitutional and not legally binding.

Writer        : Utami Argawati
Editor        : Lulu Anjarsari P.
PR            : Andhini S. F.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 5/11/2022 15:11 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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