After The Constitutional Court's Decision, IKN Development Must Be In Accordance With Agrarian Justice Principles

JAKARTA - Executive Director of the Center for Indonesia Strategic Actions (CISA) Herry Mendrofa said that the decision of the Constitutional Court (MK) to cancel the Land Rights (HAT) of the Capital City of the Archipelago (IKN) for 190 years was an important correction to the development of the new capital city.

"This decision is important so that the construction of the new capital city continues to run above the principles of agrarian justice and legal certainty," he said, Sunday, November 23.

According to him, the cancellation of HAT by the Constitutional Court did not necessarily stop the IKN project, but encouraged the government to reorganize regulations so that investors still have confidence in this strategic project.

"Therefore, the fate of IKN in the future is determined by the government's ability to maintain a balance, between investment attraction and constitutional legitimacy," said Herry.

As is known, the Constitutional Court canceled the two-cycle scheme for granting HAT at IKN, which allows land use of up to 190 years for HGU and 160 years for HGB and Use Rights.

This decision granted part of case requests Number 185/PUU-XXII/2024 submitted by Stepanus Febyan Babaro and Ronggo Warsito, related to constitutionality tests of Article 16A paragraph (1), (2), and (3) in Law Number 21 of 2023.

The Court confirmed that the regulation of the two cycles was not in line with the principles of state control over land so that they lost binding legal force.

Thus, the land management mechanism at IKN must again follow national rules with a stricter and more measurable evaluation.