InfoSAWIT, JAKARTA – The Constitutional Rights Defenders Committee (KEPAL) has once again taken legal action to defend the rights of smallholders. After previously filing a formal review of the Job Creation Law, KEPAL has now officially submitted a judicial review of the law's enactment at the Constitutional Court (MK).
The move was made because the law is considered to be in conflict with the 1945 Constitution and to harm the constitutional rights of farmers, fishermen, and indigenous peoples. KEPAL, which consists of 13 organizations and one individual—including the Indonesian Farmers Union (SPI), the Consortium for Agrarian Reform, Sawit Watch, the People's Coalition for Fisheries Justice (KIARA), and Indonesia for Global Justice (IGJ)—agreed to voice this constitutional resistance.
The review targets several crucial articles, including those related to the management of coastal areas and small islands, seed production, food imports, foreign investment in horticulture, the public’s right to water, land tenure in forest areas, and the establishment of a land bank. According to KEPAL, these articles have the potential to weaken food sovereignty, facilitate the privatization of natural resources, and create legal uncertainty for small communities.
“The Job Creation Law puts the people at the mercy of legal policies that only favor big capital. Under the pretext of investment, the state is sacrificing the constitutional rights of farmers, fishermen, and indigenous peoples,” said Rahmat Maulana Sidik, Executive Director of IGJ.
Achmad Surambo, Director of Sawit Watch, added that the provisions in the Job Creation Law widen land ownership inequality and worsen agrarian conflicts, including in the palm oil sector. Sawit Watch data up to 2024 shows that 385 palm oil companies are involved in conflicts with 1,126 communities in various regions.
Meanwhile, KIARA Secretary-General Susan Herawati highlighted the impact of the law on coastal communities. She believes the articles on permits for marine use essentially revive the concept of Coastal Waters Exploitation Rights (HP3), which the Constitutional Court previously declared unconstitutional in 2010. “The utilization of the sea by local communities is not a permit; it is a right that the state must guarantee,” she asserted.
KEPAL emphasized that this judicial review is not just a legal procedure but part of a fundamental political-legal struggle to uphold the dignity of the constitution. They hope the Constitutional Court will grant the request and declare the problematic articles in the Job Creation Law to be in conflict with the 1945 Constitution, ensuring legal certainty and justice for all citizens. (T2)
