Overview

The Constitutional Court recently rejected a total of six requests for a formal and material judicial review of Law No. 3 of 2022 on the National Capital (“Law 3/2022”). The reason for the submission of these requests for a review of Law 3/2022 is the apparent contradiction between this new legal framework and Indonesia’s 1945 Constitution, which requires meaningful public participation during the drafting process of all legal instruments. Furthermore, the judicial review requests also assert that Law 3/2022 could potentially spark territorial conflicts in relation to land ownership among customary communities within the region of East Kalimantan.[1] The six requests for judicial review were ultimately rejected for procedural reasons, specifically, said requests were submitted after the 45-day deadline for said submissions had elapsed after the initial promulgation of Law 3/2022. Furthermore, the judges’ ruling also stated that the legal standing of the submissions and the requests themselves were rather unclear and would thus require further elaboration.[2]