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Material Test of UUCK about Land and Rights Protection Was Proposed to the Constitutional Court



Doc. InfoSAWIT
Material Test of UUCK about Land and Rights Protection Was Proposed to the Constitutional Court

InfoSAWIT, JAKARTA – PT Tara Bintang Nusa, Koperasi Produsen Unit Desa Makmur Jaya Labusel, and Memet S Siregar officially proposed to get material test of Chapter 110A paragraph (1) and Chapter 110B paragraph (1) Laws Number 18 / 2013 about Forest Damage Eradication and Prevention or Pencegahan dan Pemberantasan Perusakan Hutan (UU P3H) that was substituted through Undang-Undang Cipta Kerja (UUCK). It was proposed in the first session at the Constitutional Court on Wednesday (23/10/2024) with the case Number 147/PUU-XXII/2024.

In the application, the applicants discussed about right on land protection. They thought rights on land protection would be threatened by the chapters. The attorney of the applicants, Hotman Sitorus said if the chapters were not excluded for the owner of rights on theland, this would break the constitutional rights of the applicants.

“The chapters oblige the owners of rights on land, including to pay forest resource provision or provisi sumber daya hutan (PSDH) and reforestation fund or dana reboisasi (DR). In some cases, the land owners in protected forest regions should hand over theirs for the country after 15 (fifteen) years,” Sitorus said, as InfoSAWIT quoted, Thursday (24/10/2024)

The first applicant, PT Tara Bintang Nusa was a palm oil plantation company that claimed to get losses from the chapters. The representative of the company mentioned about 41,6 hectares of theirs were categorized as forest regions in the Decision of Minister of Environment and Forestry on 31 October 2023. The company should accomplish some administration conditions which burdened the company itself.

Koperasi Produsen Unit Desa Makmur Jaya Labusel (the second applicant) that had about 770 members, was get losses too. The union thought Chapter 110B paragraph (1) threatened ownership rights of its members namely those that got areas more than five (5) hectares and had to hand over theirs for the country.

The third applicant, Memet S Siregar that involved in legal issue about palm oil plantations, got losses by the chapters. He claimed to pay administration fine for about Rp 35 billion because of area cultivation that the country decided to be in forest regions.

In the petition, the applicants claimed the Constitutional Court to sentence that the chapters would be against to the Constitution 1945 and having no bonded legal power as long as the chapters were not excluded for the owners of rights on land.

 

The Advice of the Judge

The Constitutional Judges in the session, M. Guntur Hamzah, Anwar Usman, and Enny Nurbaningsih thought that the applicants did not clearly describe the constitutional losses that they got. Enny Nurbaningsih thought that the applicants focused on the concrete case that the applicants experienced while the Constitutional Court just tested the norms, not personal cases.

“The applicants should clearly deliver description between the losses they got and the norms to be tested. Would the loss be actual or potential,” Enny said in the session. (T2)


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