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Constitutional rights have been violated farmers with the implementation of several articles in Act 12 of 1992 on Plant Cultivation System. Therefore, there is no adequate protection from the government against small farmers landless. In fact, in the field they have vis-à-vis the State-Owned Enterprises, private companies and cooperatives.

Similarly, it is expressed by experts presented by the applicant in Case No. 99/PUU-X/2012, Francis Xavier Wahono, Monday (4/2) at the Plenary Court. "Family farmers have been discriminated against. Small farmers are systematically violated by Act 12/2009 on human rights," he said. So according to him, the provisions of which were tested by the applicant must be canceled.

In this case, Petitioner test of Article 5 paragraph (1) letter a, b, c, and d; Article 6; Article 9 paragraph (3), Article 12 paragraph (1) and paragraph (2), as well as Article 60 paragraph (1) letter a, letter b, subsection (2) point a and point b Cultivation System Act. Petition filed by some non-governmental organizations concerned with issues of farmers. Among them: Indonesian Human Rights Committee for Social Justice (IHCS), Farmers Alliance Indonesia (API), and Yayasan Bina Desa Sadajiwa.

However, he added, if the petition is granted, then the legislators should change the regulation to be more pro-small farmers or landless. "That government should support farmers to cultivate the seed, not difficult," he said. By protecting small farmers, the food sovereignty and food security will be more easily realized.

This was in line with the statements of witnesses presented by the applicant, Imam Sutrisno. Imam is a farmer in Kediri who experienced criminalization. Although not arrested, but 2 tons of corn, tarps, and his fans were taken by officers. Until now, these items were never returned to his hand. "Time is taken, there is no explanation," he told the panel of judges chaired by Chief Justice of the Constitutional Court, Moh. Mahfud MD.

Protect Farmers

Meanwhile, the government presented expert Prof. Sobir from Bogor Agricultural University, argued that even Cultivation System Act aims to protect the rights of farmers. This Act, he said, is an instrument of governments to ensure high-quality agricultural products.

"Certification of seed that ensure the protection of farmers from fraudulent rogue producers," said Sobir. If there is no certification, it will benefit the producers naughty. Since there is no strict control procedures for seeds or seedlings are circulating in the community.

Moreover, if the conditions tested by the Applicant are canceled, it will result in seed imports is rapidly evolving, and that again is harmed small farmers. "This rule is not discriminatory," said Specialist Plant Breeding Faculty of Agriculture IPB.

He was then found it strange if the Applicant requesting a cancellation of the relevant provisions of the farm as an issue in this case. Because overseas, instead asking farmers issued various rules, not asking abolished.

In addition, there were also a government expert, Udin S. Nugraha expert in Physiology and Seed Technology. According to him, in principle, Cultivation System Act was consistent with the Constitution of 1945. The formula aims to increase crop production, consumer protection, and in line with environmental conservation.

According to him, farmers expressed the opinion that Petitioner was not involved in the determination of policy by the Government, is not true. "In this country there Consultative Forum Development Plan starting from the village level to the national level," said the National Accreditation Committee of Assessors.

Other government experts, Suharto, also confirmed the opinion of two experts. She concluded, the articles are not tested by the applicant against the constitution. The reason was the freedom of farmers to cultivate crops it should be balanced with clear rules, firm, and fair.

Not only has that, on the same occasion, the Government presented three witnesses all of whom are farmers in West Java. They are Ibrahim Naswari G, Wahidin, and Jalis. They argued for the Government was very supportive and helpful in business as a farmer. "Farmers benefit significantly," said Ibrahim, who is also one of the chief members of the farmer group of Nation Flowers. (Dodi / mh)

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