---

Applicant’s Attorney Gugum Ridho Putra delivers revision points at petition revision session on Act of Forestry, on Tuesday (8/9), at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

The Constitutional Court (Mahkamah Konstitusi –MK) holds petition revision session on Act Number 41 Year 1999 of Forestry, on Tuesday afternoon (8/9), at Plenary Room, the Constitutional Court Building. Representing by Applicant’s Attorney Gugum Ridho Putra, the Applicant delivers petition revision. As known, the petition is registered in Case Number 98/PUU-XIII/2015.

The Applicant reasserts the concrete constitutional loss, which is convicted on charges of forest destruction. According to the Applicant, the Article charged to them is ambiguous. “Article 50 (2) Act of Forestry along the phrase activities resulted in forest destruction is assessed ambiguous because it has no full explanation,” said Gugum.    

Regarding such activities aforementioned, Gugum says the phrase could cause legal uncertainty because it potentially abused by law enforcers. “As forest concession holder, PT. Inanta Timber as Applicant considers entitled to grant legal certainty in conducting forest utilization. However, the rights seem hampered by the absence of full explanation regarding the means of the phrase,” said Gugum.

Responding petition revision, Constitutional Justice Maria Farida Indrati as head of Justice Panel questions whether or not the Applicant willing to add other matters in the petition. “Is there any matter you want to say?” said Maria Farida.

“The Applicant is located in Medan; we (the attorney, ed.) are in Jakarta. So, we are waiting additional documents delivery for obtaining evidence. We request for additional time prior to the next session, we will attach the additional documents,” answered Gugum.

Maria then validates evidences submitted to Justice Panel. “So, we receive P-2 and P-3 evidences. I validate the evidences. For additional evidences, you can submit after the session and please submit directly to Court’s Registrar. Is there any other thing to say? Because the session considered enough, I declare the session closed,” said Maria Farida.

As known, the Applicant is forestry company PT. Inanta Timber Company represented by Sofandra as General Director. The Applicant who has forest concession permit (Hak Penguasaan Hutan –HPH) concerns on the enactment of Article 50 (2) Act of Forestry. They argue the provision ambiguous and obscure. They admit they have been investigated by the police due to the enactment of Article 50 (2) Act a quo.

The Applicant has granted forest concession permit on one area for 30 years, in accordance to Annual Work Plan (Rencana Kerja Tahunan –RKT). However after several years, they conduct forest logging in area outside the area planned in Annual Work Plan, but within the concession permit area. The police investigate the case and PT. Inanta Timber Company determined guilty and charged with Article 50 Act of Forestry. According to the Applicant, a forest will be ruined if a company granted concession permit.

 

Article 50 (2) Act of Forestry stated:

“Each person who given area utilization permit, environmental utilization permit, timber and non-timber utilization permit, and timber and non-timber harvesting permit, is prohibited to conduct activities which cause forest destruction.” (“Setiap orang yang diberi izin usaha pemanfaatan kawasan, izin usaha pemanfaatan jasa lingkungan, izin usaha pemanfaatan hasil hutan kayu dan bukan kayu, serta izin pemungutan hasil hutan kayu dan bukan kayu dilarang melakukan kegiatan yang menimbulkan kerusakan hutan.”)

 

According to the Applicant, the meaning of the phrase ‘forest destruction’ is not explained in the Act a quo. In the context of criminal law, the Applicant argues, the norm in Article 50 (2) Act of Forestry only formulates one formal offense. Therefore, the Applicant requests the Constitutional Court to declare Article 50 (2) Act of Forestry contrary to the 1945 Constitution and has no legal binding. (Nano Tresna/IR/Prasetyo Adi N)

 

---