By M Khaidar Khamzah, Editor at The Nusantara Times
Published: March 4, 2025
The Nusantara Times , Jakarta,— On March 4, 2025 , A coalition representing indigenous Dayak communities in East Kalimantan has officially filed a lawsuit against the controversial Nusantara Capital City (IKN) Law at Indonesia’s Constitutional Court (MK). The petition, submitted on March 4, 2025, calls for the annulment of Article 16A, which grants long-term land concessions, including Hak Guna Usaha (HGU), Hak Guna Bangunan (HGB), and Hak Pakai for periods extending up to 100 years. These concessions, according to the petitioners, prioritize investor interests over the protection of indigenous land rights, threatening both their cultural heritage and future generations’ access to ancestral territories.
A Growing Legal and Social Concern
Stepanus Febyan Babaro, representing the indigenous plaintiffs, emphasized that the law, as written, could lead to the marginalization of local communities. The petitioners argue that the allocation of land for such extended periods could push indigenous communities further away from their ancestral lands, exacerbating existing tensions over land ownership and usage.
“Granting HGU and HGB rights for such long durations fundamentally undermines the principles of Indonesia’s Basic Agrarian Law (UUPA), which was designed to protect the land rights of indigenous peoples and promote sustainable land use,” Stepanus said in his formal submission.
He explained that the provisions could create an ongoing disconnect between the indigenous populations and their traditional lands. The allocation of land for up to 95 years—or even longer—may deprive future generations of indigenous people of their rights to manage and use these lands as their cultural and environmental needs evolve.
Concerns Over Environmental and Cultural Sustainability
The legal team highlighted the fact that Indonesia’s agrarian system has historically been a source of social conflict. The recent surge in land disputes—such as those involving farmers in Kalimantan—has sparked concern that long-term land concessions could ignite new waves of agrarian conflict, particularly as the need for land resources becomes more pressing.
“The policy could trigger a series of conflicts that would undermine the social fabric of indigenous communities,” said Stepanus. He further stressed the importance of protecting these rights not just for the present, but for future generations, urging that the government reassess its stance on the length of land rights allocations.
Legal Ambiguity and Overlapping Regulations
The petition also raises concerns about legal inconsistencies between national laws and presidential decrees that address land rights in the context of IKN. Article 16A of Law 21/2023 outlines provisions for HGU up to 95 years, HGB up to 80 years, and Hak Pakai up to 80 years, a stipulation echoed in Presidential Regulation No. 75/2024, which also addresses the acceleration of IKN development.
“This overlap creates confusion and undermines legal certainty, particularly in relation to the rights of indigenous peoples,” Stepanus said.
The Court’s Response and Requests for Clarification
The Constitutional Court’s judges expressed concerns about the petition’s subjective framing. Judge Ridwan Mansyur noted that emotional terms like “fear” and “worry” would be difficult to assess legally. “Legal harm must be clearly defined, particularly when it comes to the tangible consequences of such long-term land rights,” Mansyur said.
Judge Arief Hidayat, meanwhile, questioned the standing of the petitioners, seeking clarification on whether they were acting individually or as a collective body representing affected indigenous groups.
Despite these concerns, the Court acknowledged the importance of the case, calling for additional evidence and a more detailed argument in order to proceed. The petitioners have been granted 14 days to submit a revised application, which must include comparative case studies from other countries on long-term land concessions. The deadline for these revisions is March 17, 2025.
A Critical Legal Moment
As Indonesia transitions to its new capital city in Nusantara, the IKN Law and its associated regulations remain the subject of intense legal scrutiny. The outcome of this case may set important precedents for land rights in the context of urban development, and its implications could reverberate across Indonesia’s legal and social landscape.
The case highlights a broader debate on how to balance modern development goals with the protection of indigenous land rights, a challenge that has become increasingly urgent in many parts of Southeast Asia.