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Applicant’s Attorney Andi Muttaqien delivers revision points at judicial review session on Act of Plantation, on Wednesday (28/10) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

Three farmers revise petition on Act Number 39 Year 2014 of Plantation, on Wednesday (28/10), at Plenary Room, the Constitutional Court Building. They concern on criminalization provision on Act a quo. Applicant’s Attorney Andi Muttaqien delivers that the Applicants have revised the petition on the basis of Justice Panel’s input. As known, their petition is registered in Case Number 122/PUU-XIII/2015.

One of the revisions is regarding the lack of signature on letter of attorney (surat kuasa) that submitted to the Court. Moreover, the Applicants also revise their identity and petition points. They are no longer review Article 11 (2) Act a quo.

“We make many revisions, one of them is the Article reviewed. We remove Article 11 (2) which previously stated to be reviewed. Moreover, we also add Article 18B (2) the 1945 Constitution as one of the touchstones (batu uji, ed.),” said Andi in front of Justice Panel led by Constitutional Justice Suhartoyo.

 “So the petition demand regarding Article 11 is removed and revision made regarding Article 12, right? Applicants’ identity is revised. Regarding letter of attorney, it is very important and you have no authority to represent Principal Applicants if the letter of attorney flawed or inappropriate,” said Suhartoyo.

Suhartoyo then legalizes thirteen evidences filed by the Applicants.

Previously, three farmers who own land in plantation areas sue Act Number 39 Year 2014 of Plantation (Undang-Undang Perkebunan). They are M. Nur, AJ. Dahlan, and Theresia Yes. The provisions reviewed are Article 107 letter a, letter c, and letter d which contain criminalization on persons who considered illegally utilizing, using, occupying, and/or controlling plantation. The Applicants argue the provisions are potentially used to criminalize them. In fact, one of the Applicants M. Nur has already criminalized.   

“Two Applicants, Applicant II and Applicant III are potentially criminalized under Act of Plantation. Meanwhile, Applicant I in fact recently undergoing court proceedings because he is considered disrupt plantation business,” said Andi Muttaqien at preliminary session on Thursday (15/10).

The Applicants also sue Article 12 (1) Act a quo regarding deliberation (musyawarah) on customary land handover and Article 55 letter a, letter c, and letter d which regulate prohibition on unauthorized people to utilize, use, occupy, and/or control plantation area. (Yusti Nurul Agustin/IR/Prasetyo Adi N)

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