Yasrizal, the petitioner of Case Number 116/PUU-XXII/2024 on the judicial review of Article 2 paragraph (2) letter c and Article 17 paragraph (3) of Law Number 5 of 1960 on Basic Agrarian Principles Regulation and Law Number 2 of 2012 on Land Acquisition for Development in the Public Interest, Wednesday (16/10). Photo by MKRI/Bayu.

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Jakarta, MKRI – The Constitutional Court declared the petition on the judicial review of Article 2 paragraph (2) letter c and Article 17 paragraph (3) of Law Number 5 of 1960 on Basic Agrarian Principles Regulation and Law Number 2 of 2012 on Land Acquisition for Development in the Public Interest, Case Number 116/PUU-XXII/2024, inadmissible. According to the Court, the overall substance of the petition does not fulfill Article 10 paragraph (2) of the Constitutional Court Regulation Number 2 of 2021 because the Petitioner does not provide a clear argument regarding the conflict of the norm a quo with the 1945 Constitution of the Republic of Indonesia.

“In addition, formally, the formulation of the Petitioner's petition is not the formulation of the petition as referred to in Article 10 paragraph (2) letter d of the Constitutional Court Regulation Number 2 of 2021 and is not in accordance with the general practice of petitions in law review cases in the Constitutional Court. Thus, the Court is of the opinion that the Petitioner's petition is unclear or vague (obscuur),” said Deputy Chief Justice Saldi Isra in a decision pronouncement hearing on Wednesday, October 16, 2024, at the Plenary Courtroom.

Therefore, the Court does not consider the legal standing and the petition further. Other matters and the rest are not considered further because they are considered irrelevant.

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During the petition revision examination hearing last September, Yasrizal became the Petitioner for Case Number 116/PUU-XXII/2024. Previously, on the preliminary hearing, he was present as a legal counsel to the Petitioner, Harmiaty, a representative of the Tarakan Community, in the acceleration of the settlement of residential land for residents of Kampung Bugis, Karang Anyar Village, West Tarakan District, Tarakan City, North Kalimantan Province.

According to him, Harmiati gave him special authorization to be the Petitioner in this case. The Petitioner said that the articles in Law Number 5 of 1960 contradicted a number of articles in Law Number 2 of 2012, which 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 the 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.

Due to the enactment of the law, the Petitioners argued that the actions and implementation of policies carried out by ministries/agencies related to land disputes had harmed the Petitioners. In their petitum, the Petitioners requested the removal of Article 2 paragraph (2) letter c and Article 17 paragraph (3) of Law Number 5 of 1960. The Petitioners also requested that there be a replacement provision for the norms of the article, which in essence, 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 implemented 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 Petitioners.

Author: Mimi Kartika
Editor: Lulu Anjarsari
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.

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