On September 21, 2020, the Association of Indonesian Legal Aid Foundation (“HuMa”) submitted an amicus brief in State Administrative Court Case Number 97/G/2020/PTUN.JKT, with the Dispute Object being the Letter of the President of the Republic of Indonesia Number R-06/Pres/02/2020 regarding the Omnibus Law on Job Creation (“Surpres R-06/Pres/02/2020”), signed by the President of the Republic of Indonesia on February 7, 2020.

The amicus brief was submitted as a form of solidarity against the rejection of the Omnibus Law on Job Creation, especially concerning the exclusion of indigenous communities in the drafting process of the law until the issuance of Surpres R-06/Pres/02/2020. HuMa, as a civil society organization consisting of legal academics and practitioners focusing on legal reform issues and the rights of indigenous and local communities over natural resources, felt the need to participate in overseeing and providing insights for the consideration of the Panel of Judges in deciding the case a quo.

In principle, HuMa agrees with the arguments presented by the Plaintiffs in Case Number 97/G/2020/PTUN.JKT, that the issuance of Surpres R-06/Pres/02/2020 violates legal regulations and general principles of good governance. Furthermore, indigenous communities have the right to be involved in the drafting process of the Omnibus Law on Job Creation until the issuance of Surpres R-06/Pres/02/2020, not only as citizens, but because indigenous communities specifically have the collective right to consent to policies that will impact them.

Through its amicus brief, HuMa requests the Panel of Judges presiding over the case to grant the Plaintiffs’ claim, declare Surpres R-06/Pres/02/2020 null and void, and compel the Defendant to revoke Surpres R-06/Pres/02/2020.

Please download the summary of HuMa’s amicus brief here, and HuMa’s legal opinion in the amicus brief here.

Other publications can be accessed on HuMa’s publication portal.