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Nagari Guguk Malalo Custom Society, Indonesian Forum for the Environment (Walhi), Archipelago Custom Society (AMAN), Agriculture reform Consortium (KPA), Sawit watch, Indonesian Corruption Watch (ICW), and Silvagama foundation petitioned regulation of forest ranger appointment. The regulation on which determined in Act of Forestry and Act ofPrevention of Deforestation (UUP3H), the preliminary trial held on Tuesday (10/14) at MK Plenary room.  

Andi Muttaqien, Applicant’s attorney, explained there are19 Articles in both Acts being petitioned. Amongst others, Article 1 number letter 3 and Article 6 verse (1) letter d UU P3H.

Muttaqien explained that Article 1 letter 3 UU P3H has smeared legal uncertainty for forest status. Article is considered opposing Forestry Act in which forest appointment must proceed through four phases.

Article 1 letter 3 UU P3H says

Article 1

3. Deforestation is process or action of violating forest through, trees razzing, and permission misuse upon area which has been determined by any side being processed by the government.

The phrase “upon area which has been determined by any side being processed by the government” according to the Applicants has deteriorated legal certainty of forest status. It is also allegedly equalizing the status between established forest to the in-progress forest. The point which allegedly harming Forestry Act.

In accordance to sanction dropped to the wrongdoers, the Plaintiffs encountered unfair treatment. The yet-to-be-appointed-forest can’t be destructed by anyone, even to nearby residents whose income depends on harnessing forest sources. Thus, custom society will also be sanctioned.  

“By the ruling of the Act, those who commit crime in the area will be sanctioned as determined in the Act (UU P3H),” Muttaqien said.

In response to the request, Justice Maria Farida Indrati said that MK is not capable of reviewing UU to UU. “MK do not review UU to UU, but if any legal uncertainty was later found we may concern the petition,” Maria explained.

Maria asked the Applicants to perpetuate their legal standing in order to accentuate their constitutional loss.(Yusti Nurul Agustin/mh/kun)

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