Expansion of agricultural land due to diminishing agricultural land converted to other land uses outside agriculture. The low agricultural area causes inefficient farmers to improve their welfare. Though agriculture is important and needs to be protected. For that granted rights on state land that has been set in the Law No. 19 Year 2013 on the Protection and Empowerment of Farmers (Farmer Protection Act). This was disclosed by Government Experts Herman Khaeron in the trial continued judicial Farmer Protection Act held by the Constitutional Court ( MK ) on Monday ( 3/3 ) at the Plenary Court . Lawsuit filed by the Indonesian Farmers Union (SPI), Indonesian Peasant Alliance (API), and the Indonesian Environmental Forum (WALHI).

Related institutional farmers, existing arrangements in the Farmer Protection Act only for institutional strengthening farmer institutions equivalent to other business organizations in the development of agribusiness." Thus , the Act Protection Farmers can develop farmer groups in the presence of a productive business , modern and sustainable," he explained before the panel of judges , led by Chief Justice Hamdan Zoelva.

According to Herman, the design team as the Farmer Protection Act, Farmer Protection Act cannot be separated from other laws, including the Law of Food and Plantation Act. “We’re revising the Plantation Act. This is important because most of the area estates than the previous part are forest region. That this is of course after then released from the forest into plantations right, at any time because we are discussing the implementation of the estate contrary to the law will be taken into a Free Stateland," he said.

Petitioner argues felt disadvantaged by the enactment of Article 59 of the Act Protection and Empowerment of Farmers, particularly the phrase “rentalrights, exploitation permit, license management, or permits. According to the Petitioners, the phrase is contrary to Article 33 paragraph (2) of the Constitution of 1945. Therefore, the Applicant considers lease rights can be interpreted smallholder farmers who pay rent to the state it was in violation of the terms of the principle of the right of control of the state. Supposedly, the state does not have such a claim, but the state should only formulate policy, do the settings, perform the maintenance,managing, and monitoring.

In addition, the Petitioners also assume that Article 59 of Law quo along the same phrase is inconsistent with Article 28d paragraph (1) of the Constitution of 1945. The petitioners argued that Article 44 and Article 45 of Law No. 5 of 1960 on Basic Regulation Agrarian Principles governing the rights have the right to use the special properties of its own called. Rights reserved for only true rental buildings, while the lease of agricultural land has only temporary nature. (Lulu Anjarsari )