Hakim MK Arsul Sani Soroti Banyak Kekurangan Permohonan Uji Materi UU Minerba di Sidang Pendahuluan

The Constitutional Court (MK) of the Republic of Indonesia held a Preliminary Examination hearing for the Material Review of Law Number 2 of 2025 concerning the Fourth Amendment to Law Number 4 of 2009 concerning Mineral and Coal Mining (Minerba Law) on Thursday (July 23, 2026). During the hearing, Constitutional Justice Arsul Sani advised the petitioners, Arfand Jaya and Sukri, regarding the drafting of their petitions to ensure they comply with the procedural requirements of the Constitutional Court. Arsul explained that petitioners can file their petitions directly without the assistance of an attorney. He stated that if they use an attorney, the attorney does not have to be an attorney. However, the most important thing is to understand the procedural procedures for both material and formal judicial review of laws. He advised the petitioners to study Constitutional Court proceedings through YouTube, read petitions uploaded to the Constitutional Court's official website, and study the Court's decisions that have granted similar petitions. According to Arsul, these steps can provide an overview of how to draft a petition that complies with the provisions. In his statement, Arsul emphasized that the Constitutional Court's decision is important to study because it contains a "situation of the case" section, which provides a complete description of the applicant's petition. According to him, from this section, one can understand the structure of the petition, which has been deemed to meet formal requirements, possess clarity, and be unambiguous. The Constitutional Court judge also reminded the applicants to study Constitutional Court Regulation (PMK) Number 7 of 2025 concerning Procedures for Judicial Review of Laws at the Constitutional Court. He likened the procedural process to a soccer game, where the rules must be understood before playing. Arsul stated that the applicants still have the opportunity to improve their petitions after receiving advice from the Panel. After studying the petitions, Arsul stated that several sections needed improvement, ranging from the subject matter of the petition, the identity of the applicants, to the mention of the legal basis used in the judicial review. He also asked the applicants to study Constitutional Court Decisions Number 184/PUU-XXIII/2025 and Number 202/PUU-XXIII/2025, which granted the petition for judicial review of the Mineral and Coal Mining Law, as references in preparing their petitions. Regarding the Court's authority, Arsul assessed that the petition did not include a reference to Article 2 paragraph (1) of PMK Number 7 of 2025 and therefore needed to be supplemented. Meanwhile, regarding legal standing, Arsul assessed that several matters still needed clarification. He highlighted the applicants' use of the phrase "customary law community unit," which he argued must be proven with documents or evidence demonstrating their status as members of a recognized customary law community. Furthermore, Arsul requested that the applicants clearly outline the constitutional losses suffered as a result of the enactment of the norm being challenged. He stated that the causal relationship between the norm being challenged and the losses suffered must be explained in detail so that the Court can assess them. In the main body of the petition (posita), Arsul requested that each norm being challenged be specifically described regarding its conflict with the articles of the 1945 Constitution of the Republic of Indonesia that serve as the touchstone. He also provided notes on the petition's petitum. According to him, the formulation of the petition cannot directly request changes or replacement of phrasing in the law. Instead, it must be formulated according to the formulation commonly used in Constitutional Court decisions, namely declaring a norm contrary to the 1945 Constitution and not legally binding unless interpreted in a specific way. Concluding his presentation, Arsul again reminded the applicants to study the Constitutional Court's decisions regarding the Mineral and Coal Mining Law to gain an understanding of the formulation of the Court's authority, legal standing, grounds for the petition, and the petition in accordance with procedural law. Read the Full News: https://bengkulu.tribunnews.com/ Program: - Host: - Video Editor: Muhammad Maulana Ahmad Al H Uploader: - Download the TribunX news app on the Play Store or App Store for a new experience. Read the news at ------- http://bengkulu.tribunnews.com/ Follow Instagram ---------   / tribun_bengkulu   Like fan page ---------   / tribunbengkulu