The ruling hearing of the judicial review of Law No. 3 of 2022 on the State Capital, Tuesday (5/31/2022). Photo by Humas MK/Ilham W. M.

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Tuesday, May 31, 2022 | 18:49 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) ruled the judicial review petition for Law No. 3 of 2022 on the State Capital (IKN Law) filed by Anah Mardianah inadmissible. The Decision No.  53/PUU-XX/2022 was read out at a ruling hearing on Tuesday, May 31, 2022.

“[The Court] adjudicated, declares the Petitioner’s petition inadmissible,” said Deputy Chief Justice Aswanto alongside seven other constitutional justices reading out the verdict.

The Petitioner filed the petition on March 31, 2022. However, upon observation, the petition was filed on April 1 as shown in the petition filing certificate No. 48/PUU/PAN.MK/AP3/04/2022 and recorded in the electronic constitutional case registration book as petition (e-BRPK) No. 53/PUU-XX/2022 on April 7.

Meanwhile, the Court asserted, the IKN Law had been promulgated on February 15, 2022 in the State Gazette No. 41 of 2022 and the Supplement to the State Gazette No. 6766. Therefore, the petition had been filed 46 days after the Law was promulgated.

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.

“Considering that because the Petitioner’s petition was filed after the deadline to file the petition, the Petitioner’s legal standing and the subject matter of the petition as well as other issues were not considered further,” said Constitutional Justice Daniel Yusmic P. Foekh reading out the Court’s legal considerations.

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The judicial review petition No. 53/PUU-XX/2022 against the IKN Law was filed by Anah Mardianah, a teacher. At the preliminary hearing on Monday, April 25, 2022, the Petitioner’s legal counsel Reza Setiawan stated that the House of Representatives (DPR) as the legislature and the president as the executive have the right to propose a bill. For a Law to be ratified, it must first be discussed and approved by the House and the president.

“A Law must be formed in order to guarantee legal certainty and justice, and to create order and welfare for all Indonesians, not only for certain groups or individuals,” he added.

In the petition, the Petitioner revealed that on January 18, the House officially declared the IKN Bill part of the 2020 National Legislative Program (Prolegnas). However, before it was passed, there was push back from the provincial and local governments, which was disregarded by the central government and the House. On February 15, the president passed the IKN Law. This, the Petitioner believes, show that it took less than a month for the a quo Law to be passed since it entered the Prolegnas. As such, it did not involve the people. Therefore, the Petitioner requested that the Court declare the formation of the IKN Law unconstitutional.

Writer       : Nano Tresna Arfana
Editor        : Nur R.
PR            : Muhammad Halim
Translator : Yuniar Widiastuti (NL)

Translation uploaded on 6/2/2022 15:50 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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