Jakarta, Yuris Muda Indonesia – The Constitutional Court (MK) has decided to reject the formal review of Law No. 3 of 2020 concerning Mineral and Coal Mining (UU Minerba)
Constitutional Court Judge Enny Nurbaningsih said that the petitioner’s argument regarding the ratification of the draft Minerba Law did not meet the requirements for a decision-making quorum in the DPR Plenary Meeting without legal grounds.
“The argument for the petition regarding the ratification of the Minerba Bill in the Plenary Meeting does not meet the requirements, it is not legally grounded,” said Constitutional Justice Enny Nurbaningsih in a court ruling that was broadcast online on Wednesday (27/10/2021).
Furthermore, the Constitutional Court considered that the other arguments for the petition were also unreasonable according to law, namely that the Minerba Law did not meet the carry over requirements in the DPR. Then, the argument is that there is no involvement or aspirations from the local government.
In the decision that rejected the formal review of the Minerba Law, the Constitutional Court Judges did not entirely agree, there were three judges stating that the request for the formal review of the Minerba Law should be granted. The three judges include Saldi Isra, Wahiduddin Adams, and Suhartoyo.
Regarding this refusal, Ahmad Redi, one of the members of the legal team said that his party would not take further legal action because the Constitutional Court’s decision was final and binding.
“There is no legal action. The Constitutional Court’s decision is final and binding,” he continued.
The lawsuit for Law No. 3 of 2020 concerning Minerba has been going on for quite a long time, reaching more than a year since the lawsuit was filed. As is known, the DPR RI has approved this Minerba Law in the DPR Plenary Session on May 12, 2021.
Then, on June 10, 2020, President Joko Widodo (Jokowi) also ratified Law No. 3 of 2020 and finally this Minerba Law took effect from the date of promulgation on the same date, June 10, 2020.
Exactly one month after it was passed into law, several parties filed a lawsuit to the Constitutional Court (MK).
The Petitioners who will submit the Application for Judicial Review of Law No. 3 of 2020 for the first time to the Constitutional Court are:
- Dr. H. Erzaldi Rosman Djohan, S.E (Governor of the Bangka Belitung Islands)
- Dr. H. Alirman Sori, S.H (Chairman of PPUU DPD RI)
- Tamsil Linrung (DPD RI member)
- Dr. Hamdan Zoelva, S.H (Islamic Union Association)
- Dr. Marwan Coal (IRESS)
- Ir. Budi Santoso (IMW)
- Ilham Rifki Nurfajar (Secretary General of the Mining Student Association)
- M. Andrean Saefudin (Chairman of the Indonesian Law Student Association).