The Petitioner’s legal counsel Zaibi attending the preliminary hearing for the judicial review of Law No. 3 of 2020 on Mineral and Coal Mining virtually, Tuesday (3/4/2025). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — Director of CV Bumi Inti Sumber, Fredy, challenges Law No. 3 of 2020 on Mineral and Coal Mining through legal counsel Zaibi. Zaibi said that the Petitioner has a 82-hectare law in Gresik, East Java. When he tried to apply for mining business permit area (WIUP) at the Office of Energy and Mineral Resources (ESDM), he found out that a company had registered WIUP over the land.

“Based on a land deed, my client has a land property, for which he intended to apply for a permit, but another party has applied a permit over it, Your Honors. Therefore, [his] application to ESDM was rejected due to [potential] overlapping permits. This is the subject matter of the petition,” Zaibi said at the preliminary hearing on Tuesday, March 4, 2025, which he attended remotely.

Petition's Format Unusual

The case No. 189/PUU-XXII/2024 was presided over by Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices Enny Nurbaningsih and Ridwan Mansyur. Justice Enny Nurbaningsih said the petition’s format was unusual, not in line with the format specified under the Constitutional Court Regulation (PMK) No. 2 of 2021 on the procedural law for judicial review cases.

“The petition in unusual in terms of format, not following the specified format. Mr. Zaibi would have to overhaul the petition,” she said.

The petition did not mention the articles being challenged, but only the Law, nor did it mention articles in the 1945 Constitution that are being violated due to the enforcement of the articles in the Mineral and Coal Mining Law.

The Petitioner’s profile was not even detailed in the petition and there was no information on the grantor of power of attorney on the petition. It was only revealed that the Petitioner is Fredy on the power of attorney.

The petition also did not detail the petitums, only had a conclusion. Justice Enny stressed that past petitions that have been granted should inform this petition.

“Not to mention, [the request] is unclear because there is no petitum. There is no petitum, there is only a conclusion. What is being requested here? The petition has become vague,” Justice Enny explained.

Based on the Constitutional Court Regulation (PMK) No. 2 of 2021, a petition should at least mention the name of the petitioner and/or their legal counsel(s), their occupation, their nationality, their home/office address, and their email address. There should be a clear explanation of the Court’s jurisdiction in the judicial review case as regulated under statutory legislation as well as the petition’s object, the petitioner’s legal standing—where the petitioner’s constitutional rights and/or authority believed to have been harmed by the enforcement of the law or government regulation in lieu of law are explained, the reason for the petition—where the formation of the law or government regulation in lieu of law is explained, and the petitum or things that the petitioner asks the Court to decide.

Justice Ridwan Mansyur said he could not understand the Petitioner’s wish in the petition. He asked that the Petitioner elaborate his constitutional rights which have been harmed due to the provisions on WIUP following at least five parameters of such rights.

“The most important thing is that you should explain the contradiction between the norms in the Law and the Constitution, not merely a matter of their implementation,” he said.

Before adjourning the hearing, Deputy Chief Justice Saldi Isra announced that the Petitioner would have 14 days to revise his petition, which should be submitted no later than Monday, March 17, 2025 to the Registrar’s Office.

Author            : Mimi Kartika
Editor            : Lulu Anjarsari P.
PR                 : Tiara Agustina
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.

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