The Petitioners of cases No. 58, 59, and 60/PUU-XX/2022 preparing for the petition revision hearing of the judicial review of Law No. 8 of 2022 on the South Kalimantan Province, Tuesday (6/7/2021) virtually. Photo by Humas MK/Ilham W. M.
Tuesday, June 7, 2022 | 14:47 WIB
JAKARTA, Public Relations—The second judicial review hearing of Law No. 8 of 2022 on the South Kalimantan Province commenced on Tuesday, June 7, 2022. At the beginning of the hearing, the legal counsel of the Petitioners of cases No. 58/PUU-XX/2022 and No. 59/PUU-XX/2022—the Banjarmasin City Chamber of Commerce and Industry (Kadin) (Petitioner I) and several individuals affiliated with the Banjarmasin City Communication Forum (Petitioner II-V)—Muhammad Pazri, conveyed several revisions to the petitions.
Before the panel chaired by Constitutional Justice Saldi Isra, Pazri stated that the Petitioners had added the Court’s authority in the petition and clarify the interpretation of the 45-day deadline for the submission of the formal judicial review petition against the South Kalimantan Law. The Petitioners had also revised their legal standing and explained that Petitioner I is a private legal entity while Petitioners II-V are individual citizens who reside in South Kalimantan.
“In the same part, the Petitioners also affirmed that Petitioner I, as part of the South Kalimantan [Chamber of Commerce and Industry (Kadin)], also added a provision that stipulates Kadin’s authority in representing the organization in and/or out of the organization,” Pazri explained.
Then, for the material judicial review petition of Article 4 of the South Kalimantan Law for case No. 59/PUU-XX/2022, the Petitioners had also revised the elaboration on the Court’s authority, the Petitioners’ legal standing, and evidence in the form of the minute of meeting and presence list of the South Kalimantan Kadin. They had also explained the reason for the local government having to take into account the Constitutional Court Decision No. 66/PUU-IX/2013 in the relocation of the province’s capital.
Revision and Elaboration
At the same hearing, the Court also examined the case No. 60/PUU-XX/2022 petitioned by Banjarmasin mayor Ibnu Sina and the South Kalimantan DPRD (Regional Legislative Council) chairman Harry Wijaya. Through legal counsel Lukman Fadlun, the Petitioners said that they added another legal counsel—from three to four—and added pieces of evidence—Law No. 23 of 2014 on the Regional Government and the Regional Government Regulation No. 3 of 2019 on the Relocation of the Capital City of Madiun.
With regard to the formal review, Lukman added, the Petitioners initially only elaborated the principle of transparency and added other principles—clarity of purpose, institution, and conformity of the content of the material, and usability. “As for the material review, we also included the stages of planning and drafting the South Kalimantan Law to strengthen the arguments in this case,” he explained.
Also read: South Kalimantan Capital City Relocation Challenged
The judicial review petitions against the South Kalimantan Law started with the ratification of Banjarbaru City as the capital of South Kalimantan replacing Banjarmasin City in accordance with the South Kalimantan Law. At the preliminary hearing, the Petitioners for case No. 58/PUU-XX/2022 explained that they had been harmed by the South Kalimantan Law since its formation had not involved the community. They alleged that the Law had harmed the entrepreneurs within the Banjarmasin City Kadin (Petitioner I) because the provincial capital city relocation would impact the economy, especially those in the accommodation, culinary, and construction businesses that would hinder the development of supporting infrastructure in Banjarmasin City.
Meanwhile, Petitioners II-V alleged that the ambiguity of the underlying factor of the relocation could harm them because the people’s welfare wouldn’t be a priority amid the economic turbulence due to the COVID-19 pandemic, rising prices, and re-allocation of the provincial budget (APBD) to the new capital city. They believed the relocation would need substantial funding, which could be used for COVID-19 mitigation, aids for the community, and for education.
The Petitioners of case No. 59/PUU-XX/2022 asserted that Article 4 of the South Kalimantan Law, which reads, “The capital city of South Kalimantan Province shall be located in Banjarbaru,” was against Article 1 paragraphs (2) and (3), Article 28D, Article 28F, Article 28H paragraph (1), Article 18B paragraphs (1) and (2) of the 1945 Constitution. Historically, they added, Banjarmasin City had an important role in the development of the province since the 1500s, where it first became a government center. Changing its position is the same as changing history, they declared. Therefore, the article is unconstitutional because, they alleged, there was no justice in disrespecting the history of Banjarmasin—an area full of with traditional rights of Banjarmasin that is still developing today as the capital city of South Kalimantan Province. Therefore, the Petitioners appealed to the Court to grant the petition in its entirety and declare the South Kalimantan Province Law unconstitutional and not legally binding insofar as not interpreted to mean, “The capital city of South Kalimantan Province shall be located in Banjarmasin City and the government shall be located in Banjarbaru City.”
Meanwhile, the Petitioners of case No. 60/PUU-XX/2022 alleged through legal counsel Lukman Fadlun that the formation of the law had not involved the general public and that the House of Representatives (DPR) had not come to Banjarmasin to hear the people’s aspirations. In addition, it also had not pay attention to the harmony of the central-regional governments relations. This, they alleged, was because the South Kalimantan DPRD at its plenary session had not decided to relocate the provincial capital and the local government of Banjarmasin City had not been involved in the harmonization, conciliation, and stabilization of the legal conception until it became a draft of the bill.
Writer : Sri Pujianti
Editor : Lulu Anjarsari P.
PR : Tiara Agustina
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 6/7/2022 16:15 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.
Tuesday, June 07, 2022 | 14:47 WIB 246