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The Constitutional Court (MK) held another hearing on judicial review of Act on Land Acquisition - Case No. 50/PUU-X/2012 on Tuesday (11/9) afternoon. Testing Act No.2 of 2012 on Land Procurement for Development in the Public Interest was filed by several NGOs, including the Indonesian Human Rights Committee for Social Justice (IHCS), the Indonesian Farmers Union (SPI) and Yayasan Bina Desa Sadajiwa (Bina Desa ). Agenda is to listen to expert testimony Petitioner.

Petitioner's expert named I Nyoman Nurjaya from Faculty of Law Professor from Brawijaya University of Malang gives an opinion about land as an element of agrarian resources and philosophically became the source of human life. "The focus on agricultural resources in the narrow sense that land on the surface of the earth," he explained.

Nyoman went, the constitutional basis for the form of legislation that reflects the principles of justice, democracy and sustainable agrarian resources are para-4 to the 1945 Constitution which states, "Later than that to establish a state pemerinrtah Indonesia which protect all the people of Indonesia and the whole country of Indonesia ...”

Also contained in Article 33 Paragraph (3) of the 1945 Constitution, "The earth and the water and the natural riches contained therein shall be controlled by the state and used for the welfare of the people."

Nyoman also outlines a number of principles that must be accommodated in legislation concerning agricultural resource management, among others, maintain and defend the integrity of the Unitary Republic of Indonesia; respect and uphold human rights; respect the rule of law and to accommodate diversity in the legal unification; welfare of the people , mainly through improving the quality of human resources in Indonesia; develop democracy, legal compliance, transparency and optimization of public participation.

It is said Nyoman again, if packaged compact, then the principles referred to above include the three basic principles. First, it is the principle of justice, which refers to the agrarian policy of resource management, should be planned, implemented, monitored and evaluated on an ongoing basis to meet intergenerational justice, gender justice, including fairness in the allocation of resources and distribution of land.

Second, is the principle of democracy, which refers to the resource management policies of agrarian decentralize authority to the regional center, open access to information for the people, the space for the participation of all stakeholders, transparency in policy making, public accountability, coordination and integration among sectors, settlement conflict wisely, and others.

Third, does the principle of sustainability, which is a control policy to be able to ensure continuity of the function and benefits of agrarian resources with the conservation, understand the meaning of non-renewable resources, limited carrying capacity and carrying capacity, and the limited ability of agrarian resources?

 

Furthermore, Nyoman said that the policy tenure and agrarian resource management needs to integrate the principles of sustainable development is important, as follows: First Principle, that agrarian resources should be used and managed for the purpose of prosperity and welfare continuously from generation to generation .

"The second principle is the natural resources should be utilized and allocated in a fair and democratic intergenerational equality of the sexes. The third principle is the use and management of agricultural resources should be able to create social cohesion, to protect and maintain the existence of the local cultures, including the legal order that live and thrive in the community," said Nyoman.

In addition, there is the fourth principle, that agrarian resource management has to do with the ecosystem approach to prevent management practices that are partial, ego or ego-sectorial areas, not integrated and coordinated. Meanwhile, the fifth principle is the policy and practice of agrarian resource management must be locally specific, tailored to the local ecosystem and the order of social and cultural life of local communities.

"The five basic principles above, related to each other and complement each other, as an integral implies that the use and management of agricultural resources intended to achieve economic prosperity and welfare of the people in a fair and sustainable as mandated by the 1945 Constitution," said Nyoman. (Nano Tresna Arfana / mh/Yazid.tr)

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