The Constitutional Court (MK) held a preliminary hearing PUU No. 12/1992 on Plant Cultivation System - Case No. 99/PUU-X/2012 - on Wednesday (17/10) afternoon at the Court Meeting Room. The applicant, include the Indonesian Human Rights Committee for Social Justice (IHCS), Farmer Initiatives for Ecological Livelihoods and Democracy (FIELD), Farmers Alliance Indonesia (API) and Yayasan Bina Desa Sadajiwa (Bina Desa). They were accompanied by legal counsel, the Ecoline Situmorang, SH et al.

Petitioner argues, Article 5 paragraph (1) letter a, b, and c Cultivation System Act has resulted in the government has the authority to do the planning, zoning, and production arrangements. "If you are connecting to Article 6 paragraph (2) of a quo, what is the authority of the government has become an obligation for farmers. This resulted in the farmers cannot be creative in cultivation based on their needs," said applicant to the panel of judges chaired by Judge M. Alim and accompanied by Judge Maria Farida Indrati and Judge Anwar Usman.

It said another applicant, Article 5 paragraph (1) letter a, b, and c if connected with Article 6 (2) of Crop Cultivation System resulted in conflict between government authorities with the rights of farmers, that farmers' rights should be subject to government planning, resulting in legal uncertainty between the rights and obligations of growers. "Guarantee legal certainty fair constitutional rights, as provided in Article 28D paragraph (1) of the 1945 Constitution which states," Everyone has the right to recognition, security, protection and legal certainty of fair and equal treatment before the law ', " Petitioner said.

In addition, advanced applicant, Article 5 paragraph (1) letter d Cultivation System Act contrary to Article 28A, Article 28C Paragraph (2), Article 28F, Article 28I Paragraph (2) and Article 33 Paragraph (2) and Paragraph (3 ) of the 1945 Constitution. According to the Petitioners, which occur during these farmers have never been involved in the planning, development, production and zoning regulation. "There is only socialization forums containing the government appeals, farmers who do not run a government appeal may be criminalized, discriminated against and intimidated," said the applicant.

Petitioner continued, this time funded research and employer country, not based on the needs of farmers and actively involve farmers and the resilience of ecosystems. "The government only pursues high production, thus ignoring other goals in the areas of environmental sustainability, resilience of ecosystems and livelihoods," said the applicant.

Petitioners cite the case in a small village, a farmer named Mr. Karsiah have got the intimidation of the local agriculture department officials for maintaining local seed and conduct plant breeding. According to the applicant, it was contrary to government programs that require the use of certified seeds produced by seed companies or seed. (Nano Tresna Arfana / mh/Yazid.tr)