The Petitioners’ legal counsels at a judicial review hearing of Law No. 32 of 2024 on Biodiversity and Ecosystems Conservation, Thursday (11/14/2024). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The Constitutional Court (MK) has handed down an interlocutory decision on the 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 Thursday, November 14, 2024. The case No. 132/PUU-XXII/2024 was filed by the Indigenous Peoples of the Archipelago (AMAN) and several others.

“[The Court] adjudicated, declares that the examination hearings for the formal judicial review petition No. 132/PUU-XXII/2024 shall be postponed until the completion of the resolution of the 2024 regional head election results disputes; orders the Government or other parties not to issue any new implementing regulations relating to Law No. 32 of 2024 on the Amendment to Law No. 5 of 1990 on the Conservation of Biodiversity and Their Ecosystems (State Gazette of the Republic of Indonesia of 2024 No. 138, Supplement to the State Gazette of the Republic of Indonesia No. 6953) until a final decision by the Constitutional Court,” said Chief Justice Suhartoyo delivering the verdict.

In its legal opinion delivered by Deputy Chief Justice Saldi Isra, the Court stated that based on a deliberation meeting (RPH) on November 6, the justices had decided that substantially, there is an urgency for the Court to decide the petition after obtaining an explanation from the legislatures so that the issue regarding the fulfillment of the requirements for the formation of the law can be answered clearly based on valid documents relating to the lawmaking process.

Meanwhile, along with the examination process of the case, the Court will be faced with a national agenda, i.e. the resolution of the 2024 regional head election results disputes, during which the Court may temporarily stop all case examinations including the Petitioners’. Thus, it decided to postpone the examination of the formal judicial review petition in case No. 132/PUU-XXII/2024 until the completion of said agenda.

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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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