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Maheswara Prabandono as the attorney of the Petitioners during ruling hearing on the judicial review of Law on Prevention and Eradication of Forest Destruction (P3H Law), Wednesday (20/9) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

The Constitutional Court decided to reject the petition for judicial review of Law No. 18/2013 on the Prevention and Eradication of Forest Destruction (P3H Law) on Wednesday (20/9) in the Courtroom of the Constitutional Court (MK). The case No. 69/PUU-XIV/2016 was filed by a number of disaster victims and activists, namely Sarwin, Imam B. Prasodjo, Andy F. Noya, and Rulany Sigar.

"The verdict to hears, rejects the Petitioners\' petition entirely," said Chief Justice of the Constitutional Court Arief Hidayat reading out the verdict on the case registered on August 31, 2016.

The Petitioners argued that Article 44 paragraph (1) of the P3H Law is contradictory to Article 28C paragraph (1) and Article 33 paragraph (3) of the 1945 Constitution. Article 44 paragraph (1) of the P3H Law reads, "Evidence of wood from illegal logging and/or illegal use of forest land for conservation forest is destroyed, except it will be used to prove cases and conduct researches."

The Court considered that the constitutionality of norm contained in the article being reviewed cannot be separated from the rationale underlying the enactment of the P3H Law. According to the Court, the "considering" consideration in the P3H Law is clear and unequivocal that the norm is created because of the widespread destruction of forests, which has developed into extraordinary crimes, even has become an organized crime as described in the General Elucidation to the P3H Law. Thus, when connected with the a quo petition, the article being reviewed is part of the state\'s supervisory function which cannot be separated from achieving the greatest possible goal for the welfare of the people.

In relation to the a quo petition requiring the use of illegal logging evidence for social purposes, the Court was deeply appreciative of the noble cause. The Court considered that the noble cause can be realized by the provision of Article 44 paragraph (2) of the P3H Law that reads, "Evidence of wood finding from illegal logging outside conservation forest is used to serve public or social interests."

"Considering based on all the above considerations, the Court is of the opinion that the Petitioners\' petition is groundless according to law," said Constitutional Justice Aswanto.

Legal Standing

In the ruling, the Court stated that Andy F. Noya (Petitioner III) and Rulany Sigar (Petitioner IV) did not have the legal standing to file the a quo petition. The Court considered Sarwin (Petitioner I) and Imam B. Prasodjo (Petitioner II) having the legal standing to file the petition. Sarwin is the parent of one of the students in early childhood education (PAUD) whose school was destroyed by landslide in Banjarnegara District. He filed a request for grant to the Nurani Dunia Foundation to rebuild the school that had been destroyed. However, it was not granted due to the provision of Article 44 paragraph (1) of the P3H Law. Therefore, Petitioner I had actually experienced constitutional impairment.

Petitioner II, in his capacity as an activist of a number of foundations engaging in social affairs, filed a petition to the Minister of Environment and Forestry on the application of wood use in Central Java Natural Resources Conservation Agency (BKSDA) so unused wood from conservation forest logging can be optimized for social and educational purposes. Therefore, the Court was of the opinion that Petitioner II had the legal standing to act as Petitioner in the a quo petition.

"Considering based on the considerations of the petition, the Court is of the opinion that Petitioners I and II have the legal standing to file the a quo petition, whereas Petitioners III and IV have no legal standing," said Constitutional Justice Maria Farida Indrati reading out the Court’s legal considerations. (Sri Pujianti/lul/Yuniar Widiastuti)

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