The trial of reviewing Act 41 of 1999 on Forestry of the 1945 Constitution held back by the Constitutional Court (MK) on Tuesday (5/6). Cases registered with the Court Clerk No. 35/PUU-X/2012 is filed by the Alliance of Indigenous Peoples of the unity of the archipelago and two Indigenous People, the Indigenous Peoples and Indigenous Kenegerian Kuntu Kesepuhan Cisitu. 

In the plenary session, the appellants filed several witnesses and experts from both customary law community unit and the National Human Rights Commission. Syafruddin Bahar which is representative of the National Human Rights Commission suggests the sublimation of customary rights to land are entitled to state. In fact, continued Syafruddin, in Article 33 UUD 1945 mandates that the state use of natural resources for the greatest welfare of the people. "But what happened instead the Government gave permission for as many large companies. 

Komnas HAM actually received many complaints from indigenous communities. If people resist, the private sector will require protection from the police, who actually attacked and fired on the people. Errors should be corrected when the amendment Act. Therefore, the current need for a correction, Momennya now," said Syafruddin Applicant as Experts. 

Syafruddin explained that the Commission often faces a strange thing if it gets complaints from indigenous people, namely the existence of laws that protect the rights of indigenous people, but in actual fact suppress indigenous and tribal peoples. And, Syafruddin said, Law 41/2009, including laws that suppress the indigenous people. "People who want to claim his rights would be the ones attacked. Not to mention that the low educational background is always lost in court, "he explained. 

Meanwhile, the Petitioner also presented two witnesses of the unity of indigenous peoples, the unity of East Kutai Bentian Indigenous Peoples Unity Colol and East Nusa Tenggara. Colen Lirin Dingit which is representative of Indigenous Peoples Bentian, explaining the East Kutai government inherited permissions for large firms harming Bentian Indigenous Village. "Conflict in the Great Bentian happened a long time. The presence of these large companies has been evicted 72 families of landowners. 

Activities of the industrial park have forest clear-cutting activities of transmigration. Not only that, the forest is also cleared by the company, while it is an income of indigenous peoples. That policy does not favor of indigenous peoples, "he explained. In the main petition, the applicant test the normality of Article 1 point 6 along the word "state", Article 4 paragraph (3) along the phrase "long as it exists and its existence is recognized, and not contrary to national interests", Article 5, paragraph (1), paragraph (2), paragraph (3) along the phrase "and subsection (2); and forests are set as long as it is concerned indigenous people still exist and recognized", and paragraph (4), and Article 67 paragraph (1) along the phrase "as long as there is still a reality and recognized its existence", paragraph (2), and paragraph (3) along the phrase "and paragraph (2)", Law no. 41 of 1999 on Forestry. 

The applicant has caused Petitioner I and Petitioner II lost its indigenous forest areas also poses another problem as a problem is lost sources of income and livelihood and threatened criminal prosecution either Petitioner I and Petitioner II alone or to members of their customary law community unit. (Lulu Anjarsari / mh/Yazid.tr)