Constitutional Justice Enny Nurbaningsih at the ruling hearing for the judicial review of Law No. 17 of 2022 on West Sumatera Province, Wednesday (11/23/2022). Photo by MKRI/Ifa.

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Wednesday, November 23, 2022 | 16:56 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) held the judicial review petition of Law No. 17 of 2022 on West Sumatera Province No. 97/PUU-XX/2022 inadmissible. The Decision No. 97/PUU-XX/2022 was pronounced on Wednesday, November 23, 2022. The petition was filed by Dedi Juliasman, Wahyu Setiadi, Dicky Christopher, and Basilius Naijiu (Petitioners I-IV),

The Petitioners argued that Article 5 letter c of the West Sumatera Law contradicted Article 18B paragraph (2), Article 28D paragraph (1), Article 28I paragraphs (2) and (3), and Article 29 paragraph (2) 1945 Constitution. However, in its legal considerations read out by Constitutional Justice Enny Nurbaningsih, the Court asserted that the Petitioners could not elaborate their alleged constitutional impairment due to the norm they petitioned for review. In addition, she added, the Petitioners explained their constitutional impairment on behalf of the Mentawai Islands Regency government, among others the Regional Representatives Council (DPD) and regent of the region.

In addition, the state recognizes and respects customary law communities and their traditional rights as long as they comply with the principles of the Unitary State of the Republic of Indonesia as regulated in the legislation. Therefore, following Article 51 paragraph (1) letter b of the mK1 Law, customary law communities may file a petition as long as it pertains their interest and they live under the principles as referred above.

The Court did not find any evidence to suggest that the Petitioners were part of any customary law community but were individuals with concern over the tradition and custom of Mentawai and the management and preservation of their culture.

“Therefore, regardless of whether the norm petitioned are unconstitutional or not, the Court asserts that the Petitioners are not the relevant parties who can assert constitutional impairment due to Article 5 letter c of the West Sumatera Law. Therefore, the Court is of the opinion that the Petitioners did not have legal standing to file the petition,” Justice Enny explained.

Also read:

W. Sumatera Law Deemed Failing to Represent Mentawai Local Wisdom

Formal Review Deadline Passed, Petition on W. Sumatera Law Focuses on Substance

At the preliminary hearing, the Petitioners alleged that the characteristics of the customs and culture of Mentawai Regency and 11 other regencies in West Sumatera, which greatly reflects Islamic law, are not accommodated. The value of the philosophy of ‘basandi syara’, syara’ basandi kitabullah’ adopted by the Minangkabau ethnic community does not apply absolutely and does not become a philosophy of life for the Mentawai people. Whereas in West Sumatera, two ethnic groups inhabiting the area have different characteristics. Mentawai people are Christians and Catholics, use the Mentawai language daily, and follows a patrilineal descent system.

The hegemony of Minangkabau culture over Mentawai culture had existed for a long time, such as over the re-naming of the smallest territorial unit in Mentawai known as ‘laggai’ in the to ‘nagari’ following the West Sumatera custom. In addition, the Mentawai community also experience cultural discrimination, such as stigma about Mentawai women, transmigration of single people of Mentawai, and mandatory headscarves for non-Muslim students in primary to secondary schools.

Therefore, Law No. 17 of 2022 on West Sumatera Province has not accommodated and acknowledged Mentawai customs as a characteristic of the Mentawai ethnic community. This law only accommodates the characteristics of Minangkabau cultural customs whereas in this province there are two ethnic communities who are not immigrants. These two ethnic groups are indigenous peoples who have inhabited the geographical and administrative areas of West Sumatera for a long time

Writer        : Sri Pujianti
Editor        : Nur R.
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/25/2022 14:42 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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