Chief Justice Anwar Usman opening the panel petition revision hearing of the judicial review of Law No. 1 of 2014 on the Amendment to Law No. 27 of 2007 on the Management of Coastal Zones and Small Islands, Tuesday (5/9/2023). Photo by Humas MK/Bayu.

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JAKARTA (MKRI) — The second material judicial review hearing for Article 23 paragraph (2) and Article 35 letter k of Law No. 1 of 2014 on the Amendment to Law No. 27 of 2007 on the Management of Coastal Zones and Small Islands (Coastal Management Law) was held by the Constitutional Court (MK) on Tuesday, May 9, 2023 in the plenary courtroom. The petition No. 35/PUU-XXI/2023 filed by PT Gema Kreasi Perdana, represented by executive director Rasnius Pasaribu.

At this petition revision hearing chaired by Chief Justice Anwar Usman, Feri Wirsamulia conveyed the revisions to the petition, which included the addition of Article 23 paragraph (2) and Article 35 letter k of Law No. 27 of 2007 as objects. The Petitioner’s profile had also been revised.

“Second, the Petitioner, PT Gema Kreasi Perdana, is a limited liability company (PT) established based on the law of the Republic of Indonesia in Jakarta, as is mentioned in the company’s deed of establishment,” he said.

He also added that the Petitioner had changed its arguments and petitum and requested that the Court declare Article 23 paragraph (2) of Law No. 27 of 2007 in violation of Article 28D paragraph (1) and Article 28I paragraph (2) of the 1945 Constitution and “thus not legally binding if interpreted as a prohibition against activities outside of prioritized ones, including mining activities as well as its facilities and infrastructure.”

Also read: Provisions on Ban on Mineral Mining in Coasts and Isles Challenged

The Petitioner is a limited liability company (PT) with a mining business permit for small islands. It feels its constitutional rights had been violated by the enactment of Article 23 paragraph (2) and Article 35 letter k of the Coastal Management Law, which the Supreme Court interpreted as an unconditional ban on mining activities in small islands, while the Petitioner has a valid permit by the mining authority to mine nickel in the area. Its permit has undergone changes from the initial permit No. 26 of 2007, issued prior to the enactment of Law No. 27 of 2007.

The Petitioner asserted that if Article 23 paragraph (2) and Article 35 letter k of Law No. 1 of 2014 be interpreted as an unconditional ban on mining activities, all spatial planning for coastal areas and small islands regulated in regional regulations would conflict with the a quo Law and must be revised. As a consequence, all activities by mining companies in those areas must be ceased. This would be detrimental to those companies, including the Petitioner, who had paid their dues to the state.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

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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