Plaintiffs of forest area appointment as determined in Act of Forestry and Act of Deforestation Prevention (UU P3H) revised their petition. Erwin Dwi Kristianto as attorney, delivered the points in judicial review trial held on Tuesday (10/28) at MK Plenary Room.

In front of the Panel of Justices, Erwin stated that his side has revised their petition as advised by the Panel. One of the revisions comprises legal standing change. “We applied little change to the legal standing being used by Guguak Malao as it turned into individual petitioner, documents also being completed in basic budget,” he said.

Erwin completed revision by adding several Articles which determined deforestation prohibition, he addressed the Articles set reference of its crime justification.

Previously, 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 of Prevention of Deforestation (UUP3H). As many as 19 Articles in both Acts being petitioned. Amongst others, Article 1 number letter 3 and Article 6 verse (1) letter d UU P3H. they said, 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. (Yusti Nurul Agustin/mh/kun)