Indonesian Constitutional Court has declares their final decision for the Investment Law (UUPM) or Law No. 25/2007 Judicial Review this Tuesday (25/3). The decision is to granting part of sue made by the people joined in Gerak Lawan (People’s Movement Againsts Neo-colonialism and Imperialism).

The lawsuit material that is being granted is only regarding article 22, which stated about granting land facility for investors. According to UUPM, article 22 guarantee investors to receive and extend ahead Right of Tenure for 95 years, Right to build for 80 years and Right to Use for 70 years.

The Constitutional Court considered the article to be unconstitutional. The reason is that article considered to be contradictive with 1945 Indonesian Constitution (UUD 1945) article 33 point 3, which explain state ownership’s right and the people’s economic principle. In the end, the words that refer to land facility extension for the investors “ahead” is eliminate. Although, Right of Tenure, Right to build, and Right to Use can still be extended by investors referring to the next article.

Lawsuits to other substantial articles regarding same treatment for foreign and domestic investors, criteria for the business that are closed and open for investment, repatriasi (assets withdrawal by foreign investors) and labor system are bluntly refuse.

Regarding this sue, the Constitutional Court is supposed to react rational and defend for the people. Since UUPM is clearly contradictory with UUD 1945 because it doesn’t bring forth national interests, on the other hands it only serve investment internationalization by facilitating foreign investment to control the production assets that are vital for the people’s livelihood.