The Petitioners and their legal counsels at a judicial review hearing of Law No. 32 of 2024 on Biodiversity and Ecosystems Conservation, Monday (10/21/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another formal judicial review hearing of Law No. 32 of 2024 on the Amendment to Law No. 5 of 1990 on the Conservation of Biodiversity and Their Ecosystems on Monday, October 21, 2024. The case No. 132/PUU-XXII/2024 was filed by the Indigenous Peoples of the Archipelago (AMAN) and several others.

At this petition revision hearing chaired by Deputy Chief Justice Saldi Isra, legal counsel Syamsul Alam stated that the elaborations of the Petitioners’ legal standing and constitutional impairment had been revised. “The legal standing of Petitioner I on page 10 and the revision is on point 7.2. Petitioner I is the only organization established by the Indigenous Peoples of the Archipelago and specifically focuses on advocacy for the recognition, protection, and fulfillment of indigenous rights in Indonesia and currently has a membership of 2,586 indigenous communities spread across the archipelago,” he explained.

Next legal counsel Viktor Santoso Tandiasa mentioned the revision of the legal standing of Petitioners II, III, and IV. “In addition, for the subject matter of the petition, we added more details about the stages, planning, and preparation. Then, on page 16, a problem inventory list has also been included in the petition,” he explained.

Also read: Formation of Conservation of Biodiversity and Ecosystem Law Challenged

The case was filed by the Indigenous Peoples of the Archipelago (AMAN), the Indonesian Forum for Living Environment (WALHI), the People’s Coalition for Fisheries Justice (Kiara), and Bernama Mikael Ane, a farmer. They challenge the formation of Law No. 32 of 2024 on the Amendment to Law No. 5 of 1990 on the Conservation of Biodiversity and Their Ecosystems.

At the preliminary hearing on Monday, October 7, legal counsel Gregorius Bruno Djako stated that the Petitioners believe Law No. 32 of 2024 is neither beneficial, effective, nor useful, especially for indigenous peoples and local communities as legal subjects in its implementation. This is because substantive problems will certainly arise and be experienced by indigenous peoples or local communities living in and around conservation areas.

He argued that the exclusion of affected parties and parties concerned with Indonesia’s biodiversity and their ecosystems has caused Law No. 32 of 2024 to not have any clear objectives, such as an understanding of ecosystems that does not touch the level of legal subjects closely related to the ecosystem of Indonesia's biological natural resources in the case of indigenous peoples and local communities living in and around conservation areas designated by the state.

Instead, it opens more loopholes for potential criminalization, deprivation of rights, discrimination, and neglect of the rights of indigenous peoples and local communities living in and around conservation areas. Therefore, it is clear that the clarity of purpose of the formation of Law No. 32 of 2024 is flawed.

In their petitums, the Petitioners request the Court to declare Law No. 32 of 2024 unconstitutional and not legally binding. They also ask the Court to declare Law No. 5 of 1990 as well as Article 33 and Article 69 letter c of Law No. 17 of 2019 on Water Resources valid.  

Author            : Utami Argawati
Editor            : N. Rosi
PR                 : Tiara Agustina
Translator       : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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