Applicant Nurul Mawaddah Zogina Batubara presents at the revision session on Act of Horticulture, on Wednesday (12/8) at Panel Session Room, the Constitutional Court Building. Photo PR/Ifa
The Constitutional Court (Mahkamah Konstitusi –MK) again holds judicial review session on Act Number 13 Year 2010 of Horticulture (Undang-Undang Hortikultura) under agenda petition revision on Wednesday (12/8) at Panel Session Room, the Constitutional Court Building. Applicant Nurul Mawaddah Zogina Batubara reviews provision on Article 28 (2) Act of Horticulture. The provision regulates export prohibition on endangered plant seeds.
Nurul says she has conducted several revisions in her petition regarding her legal standing and petition writing. Nurul asserts her request that the Constitutional Court declares soursop plant not included on endangered plants. “Each person prohibits exporting varieties from endangered horticulture resources and from resources which could harm national interest, excluding soursop plant or annona muricata,” said Nurul.
Responding Applicant’s revision, Constitutional Justice Maria Farida says the revision still incorrect, particularly on the petitum. “The petitum should be clear. You couldn’t say national defense in the petitum. If the petition granted by the Court, the matter of national defense will not be a problem. You should assess whether the provision you filed contrary to the 1945 Constitution,” said Maria Farida to the Applicant.
Meanwhile, Constitutional Justice I Dewa Gede Palguna assesses the Applicant is yet follow Justice Panel input on the previous session. “The revision remains the same. So, if the petition is not revised, we will convey the petition as it is to the Justice’s Consultative Meeting for the follow up, regarding whether or not the petition could be continued to plenary meeting,” said Palguna.
Responding the problem, Maria Farida provides solution to the Applicant to revise the petition today and then immediately submitted to Court’s Registrar. “Please revise the petition today, not later than tomorrow,” said her.
As known, the Applicant is director of CV. Anona who conducts soursop cultivation in West Java and East Java. The Applicant considers her business is hampered by the enactment of Article 28 (2) Act of Horticulture, which states ”Each person is prohibited to export varieties from endangered horticulture genetics resources and resources which may detrimental to national interest” (“Setiap orang dilarang mengeluarkan varietas dari sumber daya genetika hortikultura yang terancam punah dan yang dapat merugikan kepentingan nasional dari wilayah Republik Indonesia”).
On the preliminary session (30/7), the Applicant tries to convince Justice Panel that her business will not cause extinction to horticulture resources. The Applicant is even willing to provide 500 soursop plants per month to the Government in order to be cultivated, in order to prevent extinction.
Moreover, the Applicant claims she has conducted cooperation with farmer groups and has provided welfare to farmers in two provinces. However, she doesn’t get export permit. She argues her soursop seeds export is open opportunity for farmer groups in order to increase farmer’s revenue. In her petition, the Applicant requests to Justice Panel to declare Article 28 (2) Act of Horticulture contrary to the 1945 Constitution and willing for an exception to soursop plants. (Ilham/Prasetyo Adi N)