The ruling hearing for the material judicial review of Law No. 11 of 2000 on Job Creation, Monday (10/31/2022). Photo by MKRI/Ifa.

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Monday, October 31, 2022 | 14:54 WIB

JAKARTA (MKRI)—The Constitutional Court (MK) issued Decree No. 90/PUU-XX/2022 in the material judicial review hearing for Law No. 11 of 2020 on Job Creation on Monday, October 31, 2022. The petition was filed by Cahaya, chairperson of a customary law community association, and farmer M. Syarief Usemahu. The decree was pronounced by Chief Justice Anwar Usman alongside the other eight constitutional justices in the plenary courtroom.

“[The Court] grants the withdrawal of the Petitioners’ petition,” said Chief Justice Anwar Usman reading out the decree. He said that following Articles 34, 39 and Article 41 paragraph (3) of the Constitutional Court Regulation No. 2 of 2021 on the Procedural Law for Judicial Review Cases, the Court has held a preliminary examination hearing on the petition in a panel on September 27, 2022. The panel of justices examined the petition’s clarity and offered advice to the Petitioners’ legal counsel to either revise the petition or withdraw it.

“Based on the preliminary hearing as mentioned, the Court had discovered the fact that the Petitioners’ legal counsel also acted as a petitioner. The power of attorney sent to and received by the Court had not been signed by the giver or recipient of the power of attorney. In addition, the Petitioners could not explain the background of the petition and its subject matters. Following the advise of the panel of justices, the legal counsel declared to withdraw the petition No. 90/PUU-XX/2022,” he said.

Chief Justice Anwar revealed that the Petitioners had been given three days since Friday, September 30 at 12:00 WIB to file a request for withdrawal. However, until the set deadline, they did not file the letter. Therefore, based on a justice deliberation meeting (RPH) on October 25, the justices decided that the withdrawal request was legally reasonable and the Petitioners cannot re-file the a quo petition. The justices also ordered the Chief Registrar to record the withdrawal in the electronic constitutional case registration book (e-BRPK).

Also read: Petitioners of Job Creation Law Withdraw Petition 

The Petitioners argued that they had been harmed by the enactment of Article 18 juncto Article 11B of the Job Creation Law. They believed the articles had led to more mining and land clearing by PT Maju Mundur and PT Terjun Bebas in Green Village because the basis for criminal punishments against those companies would be obscure. Such actions have resulted in water scarcity for agriculture in the village and could lead to environmental damage, respiratory tract infection, and damage to road infrastructure.

Therefore, in the petitum, the Petitioners requested that the Court declare Article 18 juncto Article 11B of the Job Creation Law unconstitutional and not legally binding as long as not be interpreted to mean that persons, legal entities, or corporations with business permits can engage in other activities in forest regions without any administrative penalty.

Writer        : Utami Argawati
Editor        : Nur R.
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 10/31/2022 21:27 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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