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Petition on Act 18/2012 about Food filed by 12 NGOs was turned down by Constitutional Court. Verdict was recited by Chief Justice, Wednesday (12/3).

In the consideration, the Court stated that the provision in Article 3 Food Act has signified that the basic need for human being is food, alongside with clothing and housing, based on that consideration, Article 3 Food Act is not deemed opposing 1945 Constitution.  

Related to Article 36, according to the Court, the provision within has implied legal certainty. Considering that food has vast interpretation, the Court agreed that it cannot be handled by single department, it has to be accomplished by correspondence from one to another. Thus, the provision is not considered hurting the Constitution.

To the provision of Article 53 that regulates the prohibition to hoard food supplies exceeding the limit. The Court sees it is justified that exception for small level enterprise will only lead to unjust to another. The small level enterprise may be harnessed by bigger entrepreneurs to hold the supplies. To the Court, it is fair assessment to all kind of business.     

The Court stated that all scale business may not be discriminated, prohibited to stack food supplies surpassing to what has been regulated,” said Justice Aswanto.

 

Genetic Engineering

To the petition on Article 69 letter c in which genetic-engineered food is adjudicated. The Court says, it is state’s responsibility to provide availability of food in order to its people’s prosperity. Food is fundamental basic necessity and its availability is part of human rights fulfillment, guaranteed by 1945 Constitution.

“In order to accomplish food sustainability, comprehensive regulation is needed to control genetic engineering for the good of the people,” said Justice Anwar Usman.

Therefore, food security provision as determined in Article 77 paragraph (1) and paragraph (2) in which food security condition is adjudicated, According to the Court is a form of preventive action from chemical and biological pollution.  

By the considerations, the Court decided to snub the petition. (ilham)

 

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