Legal Counsel Viktor Santoso Tandiasa delivering revised arguments of judicial review petition of State Ministries Law, Monday (5/8/2024). Photo by MKRI/Panji.

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Jakarta, MKRI—The Constitutional Court held a continued judicial review hearing of Article 5 paragraph (20) of Law No. 39 of 2008 on State Ministries (State Ministries Law) on Monday, August 5, 2024. Customary Law Lecturers Association (APHA) attended the second hearing of Case No. 67/PUU-XXII/2024, led by Deputy Chief Justice Saldi Isra, accompanied by Justice Enny Nurbaningsih and Justice Arsul Sani at the plenary courtroom.

Before the justices, legal counsel Viktor Santoso Tandiasa mentioned six additional petitioners in addition to APHA. Petitioners revised the argument on the phrase “customary law communities” to only “customary.” They also added a comparison between state ministries in eight countries that integrate customary communities.

“To declare Article 5 paragraph (2) of the State Ministry Law unconstitutional and not legally binding if not interpreted as “Government affairs as referred to in Article 4 paragraph (2) letter (b) include matters relating to religion, law, finance, security, human rights, indigenous peoples, education, culture, health, social affairs, manpower, industry, trade, mining, energy, public works, transmigration, transportation, information, communication, agriculture, plantation, forestry, animal husbandry, marine, and fisheries," read the Petitioners' legal counsel.

Also read: Marginalized Indigenous Peoples in Indonesian Law Questioned

On the preliminary hearing, the petitioner said the article was in violation of Article 1 paragraph (2), Article 1 paragraph (3), Article 18B paragraph (2), and Article 28D paragraph (1) of the 1945 Constitution because the government only recognizes Indigenous communities as a formality. They are made into the objects of rules but are not given the opportunity to be the subjects of rules. They are even marginalized in the development process, especially in terms of customary land. In addition, customary laws and national laws often clash when it comes to solving problems related to indigenous communities.

Author                : Sri Pujianti

Editor                  : Lulu Anjarsari P.

PR                        : Rizky Kurnia Chaesario/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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