Deputy Chief of the Constitutional Court Anwar Usman became keynote speaker at Seminar & Call for Paper Congress at Universitas Diponegoro Semarang, on Wednesday (15/4). Photo PR/Agung Penyok

The Constitutional Court (Mahkamah Konstitusi –MK) affirmed that the acts and legislation that adverse to both environmental and socio-cultural aspect is unjustified. It was stated by the Deputy Chief of the Constitutional Court (Wakil Ketua Mahkamah Konstitusi) Anwar Usman as the keynote speaker at the seminar entitled “Building Political Justice of Natural Resources Based on Indonesian Law” (“Membangun Politik Hukum Sumber Daya Alam Berbasis Cita Hukum Indonesia”) on Wednesday (15/4) at Universitas Diponegoro Semarang.

At the occasion, Anwar delivered his appreciation to the seminar due to its aim in reflecting the management of natural resources that directed to the Indonesian law. “Besides as a venue of exchanging ideas, this seminar is also (a venue) to discover as well as embed the paradigm of environmental and human resources management in accordance with the identity of Indonesia establishment as law state,” explained him at the seminar which opened by Dean of Law Faculty Universitas Diponegoro Yos Johan Utama.

In a paper entitled “Political Policy of Environmental Law” (“Kebijakan Politik Hukum Lingkungan”), Anwar delivered several verdicts of the MK which showed the Court alignment for the environment. According to Anwar, there were many court verdicts which protect the environment as well as the rights of indigenous people in Indonesia. He mentioned, for example, verdict of judicial review on Act Number 20 Year 2002 of Electricity, on Act Number 22 Year 2001 of Oil and Gas, and on Act Number 7 Year 2004 of Water Resources, which made at the beginning of Constitutional Court established. In the verdict, the MK had laid the foundation of the words ‘under state control’. “It aims at the development shall not merely anthropocentric, which ignoring the environmental and socio-cultural aspect,” said him.   

Anwar explained some of the MK verdicts, for example Verdict Number 55/PUU-VIII/2010 of the judicial review on Act Number 18 Year 2004 of Plantations (Perkebunan), the MK cancelled the provisions which considered favorable to the plantation businessmen and companies and ignored the indigenous people’s rights as customary owner of the land. Anwar added, by Verdict Number 3/PUU-VIII/2010 of the judicial review on Act Number 27 Year 2009 of Coastal Areas and Small Islands Management, the MK invalidated the provisions related with business entities (Hak Pengusahaan Perairan Pesisir –HP3) the rights to manage particular coastal areas and islets which potentially eliminated hereditary rights of indigenous people.

“There are many verdicts of the Constitutional Court as example in this discussion that cannot be mentioned one by one. The important thing I want to deliver is, consistency of guarding environmental law as outlined by the 1945 Constitution (Undang-Undang Dasar 1945 –UUD 1945) is obviously proven by the Constitutional Court. Along with it (consistency), I believe similar spirit and view shall and will be continued by the Constitutional Court in the future,” said Anwar. (Agung Sumarna/Lulu Anjarsari/Prasetyo Adi N.)