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Act on Plant Cultivation System did not side with the people, because it contained the criminalization of farmers. In fact, this law was also accused of better accommodate the interests of employers.

It was revealed in Case No. 99/PUU-X/2012 filed by several NGOs including Indonesia Human Rights Committee for Social Justice (IHCS), Farmer Initiatives for Ecological Livelihoods and Democracy (FIELD), and the Indonesian Peasant Alliance (API), Thursday (3/1) in space Plenary Court. In this trial, each applicant presents two experts and witnesses. Hailed as the expert, Dwi Andrias Sartono and Edy Martono, while as witnesses were Setyarman and Gatot Surono.

In his testimony, Gatot Surono and Setyarman, the day-to-day living as farmers, revealing that in many areas, particularly farmers in Java, often criminalized by the enactment of the Act. "Many of our farmers are affected by the case. If not incarcerated so it was squeezed. In order to spend a lot of money not forwarded the case to the police," Gatot said.

In fact, Billy himself had experienced detention because they do not follow this advice when the New Order government for planting rice and using certain fertilizers. "I’m caged, sir, because it is not according to the rice planted PB 5, UREA TSP, and pesticide package," he said.

This was echoed by other witnesses, Setyarman. According to him, many farmers got arrested around the region. "The law clearly does not favor farmers. But instead siding with the employers," he said.

In fact, according to them, farmers in Indonesia are able and capable of breeding independently. As a result, it is not inferior to imported seeds. "If local seed is not planted by farmers in Indonesia, who else is to preserve," said Gatot. Meanwhile, according to Setyarman, farmers often fed packets from the government which is not profitable for farmers.

The view of the expert witnesses was justified by Dwi Andrias Santoso. According to him, farmers have the right, which is free to choose the type of plant and its cultivation. Although on the one hand, the Government is authorized to facilitate the farmers, but only in the capacity of making the design with respect to the needs of farmers. "And farmers in certain circumstances, must follow planning designed by the state," he said. In essence, farmers and entrepreneurs deserve quality seeds.

Breeding by small farmers, according to Dwi, also meets all of the requirements of existing scientific. Both are taught at universities, conducted at research institutions, as well as by the company. "If we compare the results and the speed of plant breeding that farmers can do is 23.6 times more than the combined breeding by researchers and companies," he added.

He argued, that is not true if small farmers are left doing breeding, produce, distribute, and market the seeds will disrupt food self-sufficiency. "It is precisely the opposite. Indonesia will be more robust and resilient in the food sector. Adoption rights of farmers would save the future of our food and agriculture. "

Therefore, he concludes, is necessary for agriculture-related laws needed to adopt the rights of farmers, i.e. first, the right to plant or animal breeding. Second, the right to develop seeds from a variety of sources, both public and private. Third, the right to save seeds. Fourth, the right to market the seed.

Meanwhile, the expert Edi Martono, revealed that in the process of its formation, the law is minimal involving farmers. In fact, farmers are the major stakeholders in the establishment of agricultural related laws. "Farmers are the main stakeholders. So farmers should be heard in shaping legislation. It must be accommodated in the law," he said.

In addition, he said, scientifically, yet there is evidence that modified seeds farmers have a negative effect. It was mainly pests that cause disease or pest (Destroyer Plant Organisms).

Previously, the Petitioner in this case the review of Article 5 paragraph (1) letter a, b, c, d; Article 6, Section 9, paragraph (3) during the word "individual"; Article 12 paragraph (1), (2 ), Article 60 paragraph (1) letter a, letter b, paragraph (2) letter a and letter b of Law No. 12 of 1992 on Plant Cultivation System. (Dodi / mh)

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