The virtual plenary ruling hearing for the formal judicial review of the State Capital Law for case No. 54/PUU-XX/2022, Tuesday (5/31/2022). Photo by Humas MK/Ilham W. M.

---

Tuesday, May 31, 2022 | 15:24 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) asserted that the formal judicial review of Law No. 3 of 2022 on the State Capital (IKN Law) had passed the 45-deadline since the law was promulgated in the State Gazette and its Supplement, as referred to in Article 9 paragraph (2) of the Constitutional Court Regulation (PMK) No. 2 of 2021 on the Procedural Law for Judicial Review Cases. The Decision No. 54/PUU-XX/2022 was read out by Constitutional Justice Manahan M. P. Sitompul at a ruling hearing on Tuesday, May 31, 2022 in the plenary courtroom.

In the case, the Petitioners filed for the formal judicial review of the IKN Law to the Court on April 1, 2022 based on the petition filing certificate No. 49/PUU/PAN.MK/AP3/04/2022, which was recorded on the electronic constitutional case registration book on April 7 as No. 54/PUU-XX/2022. Meanwhile, the IKN Law was promulgated on February 15, 2022 in the State Gazette No. 41 of 2022 and the Supplement to the State Gazette No. 6766.

“Thus, the Petitioners’ petition was filed on the 46th day after Law No. 3 of 2022 was promulgated in the State Gazette No. 41 of 2022 and the Supplement to the State Gazette No. 6766,” Justice Manahan said.

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

Based on those legal facts, as the formal petition had passed the 45-day deadline since the law was promulgated, the Petitioners’ petition did not meet the formal requirements for a formal judicial review petition in the Constitutional Court.

Therefore, the Petitioners’ legal standing and the subject matter of the petition as well as other issues were not considered further. “[The Court] declares the Petitioners’ petition inadmissible,” said Deputy Chief Justice Aswanto reading out the verdict.

Also read: Petitioners of State Capital Law Revise Legal Standing

The case 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). They challenged the IKN Law formally. 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. 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       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Andhini S. F.
Translator : Yuniar Widiastuti (NL)

Translation uploaded on 6/2/2022 09:26 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.

---