Commission II will review all laws and regulations regarding HGU IKN as a result of the Constitutional Court’s decision

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Commission II DPR
It is said that it will review all laws, government regulations (PP), and ministerial regulations related to IKN following the decision
Constitutional Court
(MK) which canceled the provisions on granting land use rights in the area for up to 190 years.
Deputy Chair of Commission II of the DPR, Aria Bima, said that the Constitutional Court’s decision was final and binding.So, this will have an impact on related rules or laws.
“Commission II will re-evaluate with the Minister of ATR BPN to look again, review all regulations, related to laws, as well as government regulations and ministerial regulations, including the Law on IKN,” he said at the parliament complex, Friday (21/11).
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According to him, through the Constitutional Court’s decision, the government in the future will no longer be able to make specificities regarding rental periods or HGU anywhere if it conflicts with the Constitutional Court’s decision.
“We can no longer make any specificities regarding the lease period or usage rights period which do not have prerequisite provisions from the Constitutional Court,” he said.
However, Bimo, as he is familiarly known, admitted that he did not know whether the decision was retroactive or not.Even though the Constitutional Court’s decision must be implemented, Bimo wants this not to cause panic among investors.
“Is the time period fixed, but the extension is only every 30 years, every 60 years, but there is a guarantee that existing ones will be prioritized for renewal,” he said.
“So the point is, don’t panic all parties, but the law, the decision of the Constitutional Court can be implemented,” added Bimo.
The Constitutional Court on Thursday (11/13) stated that the two-cycle mechanism of Cultivation Rights (HGU), Building Use Rights (HGB) and Use Rights (HP) whose terms can reach 190 years for HGU and 160 years for HGB and HP as contained in the IKN Law does not have binding legal force.
The Constitutional Court granted part of the petition in case number: 185/PUU-XXII/2024 with applicants Stepanus Febyan Babaro (Private Employee) and Ronggo Wasito (Trader) who tested the constitutionality of the norms of Article 16A paragraph 1, paragraph 2, paragraph 3 of Law 21/2023 concerning the Second Amendment to Law 3/2022 concerning IKN.
Constitutional Justice M. Guntur Hamzah said the substance of the petition boils down to one issue, namely the granting of Land Rights (HAT) in the IKN area over a long period of time in two cycles so that it far exceeds what is determined by the Agrarian Reform Law (UUPA).
(thr/isn)
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