InfoSAWIT, JAKARTA — Environmental advocacy group Sawit Watch has officially submitted a judicial review request to the Constitutional Court, challenging Articles 12A, 17A, and 110B of Law No. 18/2013 on Forest Destruction Prevention (as amended by Law No. 6/2023 on the Job Creation Law).
The petition seeks to clarify the legal status of communities cultivating oil palm plantations within designated forest areas.
Sawit Watch Executive Director, Achmad Surambo, emphasized that legal uncertainty continues to cloud palm oil governance in forest zones.
“The government often uses two terms: 'palm oil overreach' and 'palm oil amnesty,' each with different legal consequences. These must be clarified,” Surambo said during an online discussion titled “Awaiting the Constitutional Court Decision: What’s Next for Smallholders in Forest Areas?” held on Thursday (24/7).
Surambo noted that three proposed solutions—Social Forestry, Agrarian Reform (TORA), and Conservation Partnerships—have yet to offer clear legal norms.
“This isn’t just about legalization; it’s about constitutional justice for communities who’ve lived in these areas for generations,” he said.
He highlighted findings from Sumatra, particularly in Riau, where fires have occurred in legally ambiguous oil palm areas. “It’s ironic—land status is unresolved, yet fires have already happened. The government must not stay silent,” he warned.
Legal counsel Jondamay Sinurat explained that the contested articles risk violating citizens’ constitutional rights.
“Many farmers occupied and cultivated these lands long before the areas were designated as forests—even before Indonesia’s independence,” he argued.
He cited examples of plantation areas with established infrastructure, from schools to village governments. “They’ve voted in national elections, yet their land rights remain unrecognized. This contradicts justice principles.”
Legal scholar Grahat Nagara from Jentera Law School warned that these articles could criminalize residents near forest zones.
“There’s a trend of repressive enforcement by the Anti-Forest Destruction Task Force, which has unilaterally seized community land,” he said.
He stressed three key issues: recognition of indigenous and local land rights, colonial criminal law remnants, and the need for declarative—not just administrative—acknowledgment of customary land.
“If this isn’t addressed seriously, we risk mass relocations, like what happened in Tesso Nilo, Riau. These articles shape how the state operates on the ground. If implementation contradicts constitutional values, we must ask: who does the state really serve?” he concluded. (T2)
