InfoSAWIT, JAKARTA – The Palm Oil Monitoring Association (Sawit Watch) has submitted a revised petition to the Constitutional Court regarding Articles 12A, 17A, and 110B of Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction, which were amended in the Job Creation Law. During the petition hearing on Thursday, Sawit Watch argued that the provisions in these articles harm vulnerable groups in the palm oil sector and hinder efforts for sustainable palm oil transformation.

The petitioner's legal representative, Raja Martahi Nadeak, stated that these regulations negatively impact smallholders and indigenous communities living near forest areas. "These provisions do not favor vulnerable groups in the palm oil sector and create injustice for small-scale palm oil plantations. Efforts to promote sustainable palm oil plantations free from deforestation are also obstructed," he said, as quoted by InfoSAWIT from an official statement by the Constitutional Court of the Republic of Indonesia.

In its petition, Sawit Watch requests the Court to declare several phrases in Articles 12A, 17A, and 110B unconstitutional and lacking binding legal force. One of the contested issues is the requirement for smallholders to register under forest area management policies, which the petitioners argue could lead to repressive government actions against unregistered farmers and communities.

Established in 1998, Sawit Watch actively engages in policy and legal studies related to palm oil and its environmental, social, and economic impacts. The organization believes that administrative sanctions in Law 18/2013 disproportionately benefit large companies, serving as a form of "amnesty" for large-scale palm oil plantations operating within forest areas.

The hearing was presided over by Constitutional Judge M. Guntur Hamzah, accompanied by Daniel Yusmic P. Foekh and Ridwan Mansyur. Before concluding the session, Guntur stated that the petition would be reported in the Judges' Deliberation Meeting (RPH) to determine whether it would be decided immediately or continued in the next session with expert witnesses and related parties.

If the petition is accepted, the regulations deemed detrimental to smallholders and indigenous communities could be revised, paving the way for more inclusive and equitable policies in palm oil governance in Indonesia. (T2)