Chief Justice Anwar Usman opening a judicial review hearing of the Law on the Management of Coastal Zones and Small Islands, Thursday (8/31/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Another 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 Thursday, August 31, 2023 in the plenary courtroom. The petition No. 35/PUU-XXI/2023 filed by PT Gema Kreasi Perdana, represented by executive director Rasnius Pasaribu. The third hearing was to hear the Government’s and the House of Representatives’ (DPR) testimonies. The Government had sent a letter to request a delay while the House did not notify the Court of their stance.

“The President’s proxy has sent a letter to request that the testimony be delayed. Meanwhile, the House has not given any notification until today. Therefore, today’s hearing cannot continue. Following the letter by the Ministry of Marine Affairs and Fisheries as the President’s proxy, today’s hearing is adjourned until Tuesday, September 12, 2023 at 11:00 to hear the Government’s and the House’s testimonies. There has been a request to testify as relevant party. If it has been approved, they might be summoned for the next hearing,” said Chief Justice Anwar Usman who chaired the hearing.

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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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