Academics Urge Constitutional Court to Uphold Land Bank Through 'Amicus Curiae'

A group of 12 academics has submitted an ‘amicus curiae’ brief to the Constitutional Court (MK), requesting the institution uphold the existence of the Land Bank Agency as it is in accordance with the constitution. Professor Hadin Muhjad, a legal expert from Lambung Mangkurat University, stated in Jakarta on Tuesday that the document was submitted as an independent academic study, not favouring either the petitioners or the government. “We are not taking sides with the petitioners or the government. The study we present is viewed from philosophical, constitutional, and ongoing social fact perspectives,” he said. According to Hadin, the academic review concludes that the Land Bank Agency is aligned with Article 33, paragraph (3) of the 1945 Constitution, which mandates that the earth, water, and natural resources shall be controlled by the state and used for the greatest prosperity of the people. He also dismissed the notion that the Land Bank would become a ‘twin sun’ to the Ministry of Agrarian Affairs and Spatial Planning. “Its authority is very limited, only in the field of management, so it will not interfere with the authority of the ATR Ministry. There is no overlap,” he stated. Hadin noted that the academics view the Land Bank as a potential solution to address the stagnation in agrarian reform implementation, which has been hampered by bureaucracy and land disputes. Six of the 12 academics who submitted the ‘amicus curiae’ were present at the Constitutional Court on Monday to deliver the document. They were environmental expert Deddy Kurniawan Halim from Triatma Mulya University, Professor Hadin Muhjad, legal expert Suhaimi from Syiah Kuala University, Dean of the Faculty of Law at Cendrawasih University Yustus Pondayar, Professor Elita Rahmi from Jambi University, and legal expert Mirza Nasution from the University of North Sumatra. The Constitutional Court is currently reviewing provisions regarding the Land Bank Agency in the Job Creation Law through cases Number 203/PUU-XXIII/2025 and Number 213/PUU-XXIII/2025. The academics hope their study will serve as a consideration for the constitutional judges before deciding on the two cases.