Legal counsel Yasrizal reading out the subject matter of his petition during the judicial review hearing of Law on Basic Agrarian Principles Regulation, Monday (09/09/2024). Photo by MKRI/Ifa
Jakarta, MKRI - Harmiati, a representative of the Tarakan Community in the matter of accelerating the settlement of residential land for residents of Kampung Bugis, Karang Anyar Village, West Tarakan Subdistrict, Tarakan City, North Kalimantan, filed a review of Article 2 paragraph (2) letter c and Article 17 paragraph (3) of Law No. 5 of 1960 concerning Basic Agrarian Principles Regulation and Law No. 2 of 2012 concerning Land Acquisition for Development in the Public Interest. According to the Petitioner of Case No. 116/PUU-XXII/2024, these articles are contrary to the 1945 Constitution.
The Petitioner stated that the constitutional loss experienced stems from a land conflict between the community of Kampung Bugis, Karang Anyar Village, Tarakan Barat Subdistrict, and the Indonesian National Navy (TNI AL). This occurred when the community used the land owned by the Navy for many years and paid the Land and Building Tax (PBB), but then the state requested the cultivated land back.
The Petitioner had made efforts to maintain ownership of the farmland to the National Land Agency (BPN) and the Bulungan Government, but the efforts of the Petitioner were ignored. Therefore, the Petitioner filed this petition to remove several articles and then revise/amend the articles of the Law under review.
“We ask the Constitutional Court because there is an imbalance in the law so that the BPN cannot carry out the order,” said the Petitioner's legal counsel, Yasrizal, in the preliminary hearing at the Plenary Courtroom on Monday, September 9, 2024.
The Petitioner requested the abolition of Article 2 paragraph (2) letter c of Law No. 5 of 1960 and changed the article to add land. Because the law is to permanently save the earth, the land can not be separated from each other so that the officers of the BPN cannot intervene, and this will bring up the material value of both so as not to be valuable only earth's contents. The land can also be used to regulate/determine/take a policy stance legally mandated by the 1945 Constitution of the Republic of Indonesia, which is comprehensive for the actions of persons/institutions/agencies.
The Petitioner also requested the removal of Article 17 paragraph (3) of Law No. 5 of 1960 and to change the wording of the article so that it would no longer be a matter of debate in the community. The law should no longer limit the natives from owning this land, but if it exceeds the maximum area of Article 17 paragraph (1), then the excess must be through an active legal entity aimed at empowering the community in accordance with Article 2 paragraph (2) letter c of the new article as desired by the Petitioner. The Petitioner requests that an additional paragraph be added to Article 46 of Law No. 5 of 1960 for paragraph (3) to be the right to cultivate swamp land.
Justices Advice
This case was heard by a panel of justices led by Justice Enny Nurbaningsih, accompanied by Justice Anwar Usman and Justice M Guntur Hamzah. The justices agreed that this petition was not in accordance with the provisions of Constitutional Court Regulation No. 2 of 2021 concerning Procedure in Law Review Cases. In fact, Justice Guntursaid, the petitioner, did not even include the article in the 1945 Constitution, which was the touchstone of this petition.
“Not only this article of the Basic Agrarian Law (the law being tested) but also the Constitution is included as the touchstone, meaning the basis of the test, so we want to see whether it is true that Mr. Yusrizal's thoughts are contradictory or not,” said Justice Guntur.(*)
Author: Mimi Kartika
Editor: Lulu Anjarsari P.
PR: Raisa Ayuditha Marsaulina
Translator: 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.
Monday, September 09, 2024 | 15:53 WIB 86