Expert from the Petitioner Prof. Dr. I Nyoman Nurjaya, SH, MH, when presenting its expertise in judicial review session of Act No. 18 of 2004 on the Plantation of Article 21 and Article 47 paragraph (1) and (2), Tuesday (10 / 5), in the Plenary session of the Constitutional Court Building.
Jakarta, MkOnline - Principles of plantation development has been pretty ideal, namely the principle of benefit, sustainability, integrity, togetherness, openness, fairness. But the principle is still abstract and will become concrete after being given a redaction in the norm. "Well, if these principles are now embodied in the norms of the articles of next?"
So was said by Prof. Dr. I Nyoman Nurjaya, SH, MH, when was asked to become the Expert of the Petitioners in a trial test materials Estates Act that was held at the Constitutional Court (MK), Tuesday (10/05/2011), housed in the courtroom of the Plenary Court. Session fifth time this agenda to hear expert testimony.
Application case 55/PUU-VIII/2010 number of judicial review of Law 18/2004 on Plantation was filed by Japin, Vitalis Andi, Sakri, and Ngatimin aka Keling. Japin et al. feel disadvantaged due to the enactment of Article 21 in conjunction with Article 47 paragraph (1) and (2) of Plantation. Article 21 of Law Plantation reads, "Every person prohibited from engaging in actions that result in damage to gardens and / or other assets, use of farm land without permission and / or other actions which result in disruption of the plantation." According to Petitioner, the provisions of clauses in the Act were contrary to Article 1 Paragraph (3), Article 28D Paragraph (1), Article 28C Paragraph (1), and Article 28G Paragraph (1) of the 1945 Constitution.
I Nyoman Nurjaya in his statement stated that the national development paradigm is still adopted for economic growth is development, development that is oriented only to pursue economic growth. Focusing on economic growth target by ignoring aspects of the development process. "I do not think the wrong paradigm, but must be seen there are target dimension and process dimension. Well, so far as I observe, as well as legal support more major dimensions of the target and ignore the dimension of the process, "he explained.
Nyoman talk further about the implications of development objectives by ignoring its economic development, ecological, and socio-cultural. The focus of economic growth in target-oriented exploitation. Then one of the implications of the process. His form, ignoring, displacing, marginalizing economic, social and cultural rights of communities, especially indigenous peoples residing in the region's efforts to exploit natural resources. "Well this is what I call the political development of Indonesian law, as the political of ignorance (political negligence). Political development is full of shades of neglect and eviction, usually packed with names, on behalf of or for the sake of national development. And then, will come loaded with the construction of a conflict of values, norms, interests, "said Nyoman.
According to him, the legal obligations which precede the vesting of land for the plantation became the obligation to do and aim to reach agreement, so the land status is clear. If it has not been resolved, there is reaction, resistance from the people whose rights are violated. "And that's a thing we can look at together in various areas. How does the resistance of indigenous peoples whose rights are violated, but then in this law criminalized, "he explained.
Meanwhile, experts from the Related Party, Sociologist Prof. Afrizal presents the results of studies that show a direct cause of population-related resistance mechanisms of acquisition or transfer of customary land villagers. Usually the indigenous people have an internal mechanism for the transfer of rights. "In my research, I found a deal that called the deal was in fact violated the customary mechanisms which have been enacted. Therefore, it seems land acquisition practices of territorial rights is practiced during this somewhat contrary to Article 9 paragraph (2), "he explained.
According to him, the act of vandalism by residents around the plantation or farm product processing industry, is not always fair to be criminalized and subject to criminal sanctions. Because of their actions in many places is a member of the struggle strategy adat law community's rights over their lands. "Usually deeds destroy or disrupt the activities of their company to do after lobbying efforts and complaints to government officials to no avail," he said. (Nur Rosihin Ana / mh)
Tuesday, May 10, 2011 | 17:50 WIB 186