InfoSAWIT, JAKARTA – The Palm Oil Monitoring Association (PPS) has submitted a judicial review against Articles 12A, 17A, and 110B of Law No. 18 of 2013 concerning the Prevention and Eradication of Forest Destruction (UU P3H), which has been amended by Law No. 6 of 2023 on Job Creation (UU Cipta Kerja). They argue that these articles contradict the 1945 Constitution, thereby harming vulnerable communities and smallholder palm oil farmers constitutionally.
During a preliminary hearing at the Constitutional Court (MK) on Tuesday (December 24), PPS's legal representative, Arif Suherman, stated that the regulations hinder efforts to create sustainable palm oil plantations free from deforestation. "These provisions do not favor indigenous communities and small-scale palm oil farmers," he was quoted by InfoSAWIT on Friday (December 27, 2024).
PPS believes that the imposition of administrative sanctions under the UU P3H merely serves as a means of legitimizing the actions of large companies operating within forest areas. Nurhanudin Achmad, Coordinator of the PPS Management Board, emphasized that this policy tends to benefit large corporations without providing concrete solutions for indigenous communities and small farmers who have long lived in forest areas.
The petitioners also highlighted provisions requiring indigenous communities and farmers to register under forest area management policies. They argue that this could lead to repressive actions by the government against those who are not registered. "The government should take a persuasive approach by proactively registering indigenous communities," added Arif.
In their petition, PPS requests that the Constitutional Court declare several provisions in Articles 12A, 17A, and 110B of the UU P3H contrary to the 1945 Constitution and lacking binding legal force. They also ask the Court to reinterpret these articles to better support social justice and legal protection for indigenous communities and small farmers.
Judges' Advice
The panel of judges, led by Constitutional Judge M. Guntur Hamzah, granted PPS 14 days to amend their petition. Constitutional Judge Daniel Yusmic P. Foekh suggested that PPS strengthen their legal standing by attaching evidence of advocacy activities they have conducted. "Advocacy activities need to be clearly outlined to strengthen the legal position of the petitioners," said Daniel. Judge Ridwan Mansyur also reminded PPS to be cautious in explaining the implications of these articles for indigenous communities.
A follow-up hearing will be held after the deadline for document amendments, which is January 6, 2025. This case has garnered significant attention due to its implications for palm oil sustainability policies and the protection of indigenous communities. (T2)