Constitutional Justice M. Guntur Hamzah as panel chair entering the courtroom for the judicial review hearing of Law No. 1 of 2004 on the State Treasury, Wednesday (7/3/2024). Photo by MKRI/Ifa.
JAKARTA (MKRI) — Another material judicial review hearing of Article 1 point 10 of Law No. 1 of 2004 on the State Treasury was held by the Constitutional Court (MK) on Wednesday, July 3, 2024. However, M. Robin Salam, a 64-year-old resident of Ujung Pandang, Makassar stated through legal counsel Mohammad Erzad Kasshiraghi that he would like to withdraw the petition.
Kasshiraghi said the Petitioner had requested the withdrawal of case No. 38/PUU-XXII/2024 on March 30, citing the need to review the article being petitioned.
“In addition, the withdrawal was requested after considering the justices’ advise at the previous panel hearing, in that the article is related to another. We reconsidered and would like to request withdrawal of the case,” he said through videocall to Constitutional Justices M. Guntur Hamzah, Anwar Usman, and Enny Nurbaningsih at the petition revision hearing.
After receiving confirmation from the Petitioner’s legal counsel, the panel stated that they would forward it to the justice deliberation meeting (RPH) while the Petitioner wait for the Registrar’s Office’s confirmation of the withdrawal.
Also read: Inherited Land Claimed by Army, Definition of State Property Questioned
At the preliminary hearing on Monday, March 18, the Petitioner asserted that the norm being petitioned had led to legal uncertainty and interpretation that restrict the Petitioner’s constitutional rights, especially his right to have legal certainty over his land property.
The land was previously under state control through the Army in 1968. According to the Army, it had physical control of the land at that time because it had made an underhand sale and purchase with Abdul Fattah, who claimed to be the owner. After a long process, on January 30, 2003, the Army [in this case] Kodam VII Wirabuana returned the land voluntarily to the Petitioner. However, on September 6, 2021, the Army—in this case Kodam XIV/Hasanuddin (formerly Kodam VII/Wirabuana)—came to take physical control of the land by installing a banner stating that the land belonged to the TNI AD—in this case Kodam XIV/Hasanuddin.
The Petitioner could file a land dispute lawsuit against the State—in this case the Army—in the general court, but he believes that the root cause is the misinterpretation of the definition of “state property.” Legislation related to state/regional property—i.e. laws, government regulations, or ministerial regulations—all defines state property following Article 1 point 10 of Law No. 1 of 2004 on the State Treasury.
In the petitum, the Petitioner requests that the Court declare Article 1 point 10 of the State Treasury Law not unconstitutional if interpreted as “In the event that the goods purchased or acquired at the expense of the State Budget are in the form of land, the status as state property only applies after the land is certified in the name of the Government of the Republic of Indonesia.”
Author : Sri Pujianti
Editor : Lulu Anjarsari P.
PR : Raisa Ayuditha
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.
Wednesday, July 03, 2024 | 12:12 WIB 95