The trial continued testing of Act No. 41 of 1999 on Forestry of the 1945 Constitution was held back by the Constitutional Court on Friday (4/5), at the Plenary Court Room. Petition to Number 35/PUU-X/2012 is filed by the Secretary General of the Alliance of Indigenous Peoples Abdon Nababan Nusantara (Petitioner I), Caliph Bustamir Kuntu of Indigenous People Unity Kenegerian Kuntu (Petitioner II) and Moch. Okri of Indigenous Peoples Unity of  Kesepuhan Cisitu (Petitioner III).

On trial with improved inspection agenda, the applicant explained that its legal counsel has represented to make improvements after the advice of the Constitutional Court consisting of Justices of the Constitutional Fadlil Sumadi Ahmad (Chairman) and Deputy Chief Justice of the Constitutional Court Achmad Sodiki and Harjono as Members. According to the attorney applicant, the applicant has outlined the legal position and grouping things that are tested.

"Legal standing we describe the input from the Assembly yesterday. It is tested to group into two, namely Article 6 paragraph (1) of the Forestry use ‘phrase’ a ‘word’ and Article 5 paragraph (1) and paragraph (2) concerning the establishment of forest area. Secondly, regarding the recognition of indigenous peoples Article 4 paragraph (3), Article 5, paragraph (3), Article 5, paragraph (4), Article 67 paragraph (1), Article 67 paragraph (2) and Article 67 paragraph (3) of Forestry contrary to Article 1 paragraph (3), Article 18B, Section 28D and Article 28 of the 1945 Constitution," he explained.

Chief Justice Ahmad Fadlil Sumadi was ratified in a number of occasions the evidence submitted by the applicant. "This trial will we go first to the Consultative Meeting to decide whether to proceed to the plenary session or not," he said.

In the main petition, the Petitioners argue Article 1 point 6 along the phrase "state", Article 4 paragraph (3) along the phrase "and acknowledged its existence, and not contrary to national interests", Article 5, paragraph (1), paragraph (2), subsection (3), paragraph (4), Article 67 of Law Number 41 Year 1999 on Forestry in conflict with the 1945 Constitution. Provisions of the articles of the Act expressly have led to the confiscation and destruction of indigenous peoples and their rights. II the applicant is applying for discharge of the Minister of Forestry Decree No. 137/KPTs-II/1997 on License Production Forest and Forest Industry for the PT. Riau Andalan Pulp and Paper (PT. RAPP) covering 280 500 hectares. As a result of PT industrial plant operations.RAPP in the communities of indigenous people Petitioner II Applicant II led to loss of their communal forest areas are an important part of communities of indigenous people to develop themselves and their families, maintain and improve the quality of life and living.

While Petitioner III reasoned the expansion of forest sanctuaries by decree of the Minister of Forestry No. 174/Kpts-II/2003 about the name change of the nature reserve forest turns into Forest National Park which was extended from 40,000 ha to 113 357 hectares. This led to entire entry in the customs territory of national parks and indigenous people Petitioner III lost access and rights to customary use and management of protected areas, even some members of the unity of indigenous people who suffered because of the criminalization of acts into the Park Forest Area Hazy Salak. (Lulu Anjarsari / mh/Yazid.tr)