Chief Justice Suhartoyo during a hearing of Case Number 38/PUU-XXII/2024, Monday (7/15/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The retraction of the petition by M. Robin Salam, a resident of Ujung Pandang, Makassar, was granted by the Constitutional Court (MK) at a ruling hearing on Monday, July 15, 2024. Chief Justice Suhartoyo said the material judicial review petition of Article 1 point 10 of Law No. 1 of 2004 on the State Treasury had been heard at a preliminary hearing on March 18, 2024. During that hearing, the Court provided advice based on Article 39 of the Constitutional Court Law and gave the Petitioner an opportunity to amend his petition.

However, on April 1, 2024, the Registrar’s Office received a letter from the Petitioner requesting the withdrawal of his case. Subsequently, on July 3, 2024, the Court held a hearing to confirm the Petitioner’s withdrawal request. During the hearing, the Petitioner, through his counsel, confirmed the withdrawal of the case via online submission, citing a desire to delve further into the matter. Based on the Justice’s Deliberation Meeting (RPH) on July 4, 2024, it was concluded that the withdrawal of the petition was legally justified and the case could not be refiled.

“To declare, granting the withdrawal of the Petitioner’s petition; declaring that the petition No. 38/PUU-XXII/2024 concerning the judicial review of Law No. 1 of 2004 regarding the State Treasury Law against the 1945 Consitution has been withdrawn; stating that the Petitioner cannot refile the petition,” said Chief Justice Suhartoyo during the hearing of case No. 38/PUU-XXII/ 2024 held in the Plenary Courtroom.

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Inherited Land Claimed by Army, Definition of State Property Questioned

Petition on Treasury Law Withdrawn

Previously, the Petitioner asserted that the norm being petitioned had led to legal uncertainty and interpretation that restricted the Petitioner’s constitutional rights, especially his right to have legal certainty over his land property. The Petitioner inherited from his father, Haji Abdul Kadir Salam who died on July 21, 1992, a piece of land as evidenced by certificate of title (SHM) No. 10/1998, survey certificate No. 4/1956 (replacement of the lost SHM No. 1070/1956), survey certificate No. 4/1956, all registered in the name of Haji Abdul Kadir Salam.

The land was previously under state control through the Army in 1968. According to the Army, it had physical control of the land then 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 Marsaulina
Translators       : Jihan Nibras/Yuniar Widiastuti/Rizky Kurnia Chaesario (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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