Eleven associations consisting of farmers’ association to women’s associations filed a petition for judicial review of Law No. 25 of 2007 concerning Capital Investment (Investment Law) to the Constitutional Court, Thursday (5/7), accompanied by a demonstration of the supporters of judicial review, in front of the Constitutional Court building. 

Those eleven petitioners are among others, Indonesian Legal Rights and Human Rights Association (PBHI), National Farmers’ Association (STN), Labor Union Federation of Jabotabek (FSBJ), Indonesian Farmers’ Alliance (API), Bina Desa Sadajiwa Foundation (YBDS), Women Solidarity Association (PSP), Indonesian Farmers’ Association Federation (FSPI), Indonesian Forum for the Environment (WALHI), Agrarian Reforms Consortium (KPA), Indonesian Human Rights Voice (SHMI), and the Association of Small-Scale Women Entrepreneurs Association (ASPPUK). 

The petitioners’ representatives and Attorneys of Advocacy Team of GERAK LAWAN (People’s Movement Against Neo-Colonialism and Imperialism) were accepted by the Head of Public Relations Department of the Constitutional Court of the Republic Indonesia, Bambang Witono, the Head of Case Administrative Department, Muhidin, and the Head of Registration Sub-Department, Wiryanto.

Principally, the Petitioners are of the opinion that the Investment Law has a potential to impair the citizens’ constitutional rights. In its written statement, PSP declared that the Investment Law grants legal guarantee for investors to conduct large-scale exploitation to the natural resources involving land acquisition causing women and other poor people to lose their sources of livelihood in the agricultural, plantation, or forestry sectors. Women become poorer and marginalized since they lose the access to and control in the decision making in the management of natural resources. 

In the meantime, the FSBJ representative, Soetrisno, said that the Investment Law allows the investors to move their capital overseas, at any time and any where. ”Consequently, the guarantee of job for laborers will become weak,” said Soetrisno. 

Whereas Iwan, the KPA’s representative said that in fact the Investment Law gives priority and opportunity for investors to have control over natural resources of the state. ”Even there is no different treatment for foreign investors and local investors. Whereas, there is no other country in the world applying the same regulation (Investment Law) as Indonesia,” Iwan added. 

Based on the Investment Law, both foreign investors and domestic investors, may obtain the Right of Cultivation (HGU) for a period of 95 years, the Right to Build (HGB) for 80 years, and the Right to Use for 70 years. ”It means that the State, in the name of investment has sacrificed the people’s right to obtain the right of cultivation in their own motherland. The policy of SBY-JK regime is similar to the policy of Soeharto regime which has applied economic liberalization by ignoring people’s rights,” explained Tony, a students’ representative participating in the demonstration.

With respect to the intent of the Petitioners, Muhidin invited the representatives and Attorneys of the Petitioners to file the petition for judicial review of the Investment Law to the case registration department. ”If we have examined the completeness of and registered your petition, we will schedule a court hearing by no later than 14 days following the registration,” said Muhidin. (Wiwik Budi Wasito)