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Principal Petitioner Baharudin Farawowan as Head of the Central Executive Board of the Indonesian Maritime Axis Movement submitting the petition principal for the judicial review of the Law on the Protection and Empowerment of Fishermen, Fish Raisers, and Salt Farmers on Monday (16/4) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

The plenary hearing of the judicial review of Law No. 7 of 2016 on the Protection and Empowerment of Fishermen, Fish Raisers, and Salt Farmers was held the Constitutional Court (MK) on Monday (16/4) afternoon. Petitioner I is Baharudin Farawowan (Head of the Central Executive Board of the Indonesian Maritime Axis Movement) and Alfian Akbar Balyanan (Deputy Secretary General of the Central Executive Board of Geomaritim for Law and Cooperation Between Institutions) as Petitioner II. 

The Petitioners review Article 37 paragraph (3) of Law No. 7/2016 that reads,"In case of fisheries commodity and salt commodity imports, the relevant minister shall receive a recommendation from the minister." 

Petitioners said that the phrase "fisheries commodity and salt commodity" stipulated in the a quo law is multi-interpretive that could potentially cause problem in its implementation. According to the Petitioners, in addition to being used for direct consumption of the public, salt can also be used as raw material or auxiliary materials in the industrial world. 

In relation to that, the Petitioners observed misalignment on the data used by the Minister of Industry and the Minister of Marine Affairs and Fisheries in importing salt commodities. As a result, the Petitioners argued that the domestic industry experienced a shortage of salt supply. 

"In our opinion, if that provision, especially along the phrase "fisheries commodity and salt commodity," is not interpreted as “in addition to fisheries commodity and salt commodity other than those used as raw materials and industrial auxiliary materials,” so the article will contradict Article 33 of the Industry Law that states that one of the authority of the Minister of Industry is to ensure the availability of natural resources, including salt for industrial purposes," Alfian Akbar Balyanan explained. 

Alfian said that if the contradiction is allowed to happen, it will create uncertainty over the provisions that are made under the law, as in the case currently being discussed in the media. There is a tug of authority between the Minister of Industry and the Minister of Marine Affairs and Fisheries, in relation to the authority of salt import. "Therefore, we enthusiastically came to ask for interpretation of the Constitutional Court in order to mitigate this problem. We ask for direction, criticism, suggestion in order to improve our petition," Alfian explained. 

Therefore, the Petitioners requested that the authority to import fisheries commodity and salt commodity designated for industrial raw materials is entirely on the Minister of Industry. According to the Petitioners, the Minister of Industry understands the volume of fish and salt imports that are specifically used as raw materials and industrial auxiliary materials in the country. 

Revise Legal Status 

On the arguments submitted by Petitioners No. 32/PUU-XVI/2018, Constitutional Justice Suhartoyo highlighted the legal standing of the Petitioners. "It is important to clarify whether the Petitioners are acting on behalf of this legal entity; is it really as you mentioned, the chairperson or secretary general, or should it be both of them? When you [act on behalf of] a legal entity, what is in the statute/bylaws should be clear. I am also trying to observe, it is not in your petition, [there is] only the structure of the board," said Justice Suhartoyo. 

Meanwhile, Constitutional Court Justice M.P. Sitompul assessed that the Petitioners\' petition was not firm. "Is it only the salt commodity that you are concerned about? Meanwhile, in the posita and petitum, you are concerned about fisheries? It must be clear because if we [talk about salt commodity], maybe that\'s what is currently experiencing problems. But what about fisheries? The norm that you are challenging is the fisheries and salt commodities but you narrowed it down to only the salt commodity issue," he said. (Nano Tresna Arfana/LA/Yuniar Widiastuti)

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