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Constitutional Court (MK) held another hearing about deforestation prevention and eradication on Wednesday (12/3). The agenda was testimonial hearing from plaintiff-presented witness.  

Maruarar Siahan, one of the expert said that Article 15 Act 18/2013 which says forest area appointment is part of the process and not a final determinant in forest area appointment.

“By such provision, individual rights who reside in the area must be put in consideration. Forest mapping, must be examined carefully so that the residents won’t get their rights violated.” Said Maruarar Siahaan.

 He said, disobedience of legal, intentional or unintentionally, lead to the clogged legal product accomplishment.

“The study shall be comprising all law, MK’s verdict, and constitution norm, and to-be-replaced Act,” Maruarar said.  

The former, Constitutional Justice said the provision in Act 18/2013 which condemned abandoning legal policy should have been recognized in 1945 Constitution.  

“Especially, appointed forest area with wide implication to the people must be involving constitutional norms and MK’s verdict,” he added.

Forest Managing Category

Another witness, Yoseph Danur said that in Manggarai, East Nusa Tenggara, there are two categories in forest managing. First, custom management, and second, territory-based forest management which is inherited through descendant. However, customary management rights share same rule, logging is prohibited.

 “However in managing territory, there are some residence and crop plant called lingko. Lingko still exists, including its forest area,” Yoseph said.

During Dutch colonialism, another border was set in Manggarai. “The border was set arbitrarily, even customary residences are included to the forest area,” Yoseph said.

Meanwhile another witness, Datuk Suganda said that in 1935 Dutch expelled customary residents in Selesek to Lawin village. “Those residents are still looking for their livelihood in their former place in Selesek,” Suganda explained.  

However, in 2011 they were prohibited to perform planting in Selesek due to the its recent status as protected forest. (Nano Tresna Arfana/kun)

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