Constitutional Court Decision

Bengkayang, September 20 2011

Indonesian Constitutional Court Decision annuls the article 21 and 47 of plantation act (Law No.18/2004)

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Dear All,
This is to update you that judicial review against plantation act, law No. 18 year 2004 was made another constitutional victory of those affected by the implementation of the plantation act.

Article 21 and 47, were unconstitutional, unlawful and invalid under the Indonesian Constitutional Court decision yesterday, September 19 2011.

The judicial review inquiry was under legal request made by five victims of the plantation act's concerned articles since its effective implementation in 2004 onwards. The judicial review request was made by (1) Vitalis Andi and (2) Japin are member of indigenous community from Silat Hulu in conflict with Sinar Mas in Ketapang District, West Kalimantan, (3) Ngatimin is chairperson of BPMP of Pergulaan village in conflict with London Sumatra, (4) Muhammad Rusdi, head of village Karang Mendapo community in conflict with PT Kresna Duta Agroindo, a Sinar Mas subsidiary oil palm plantation in Jambi, (5) Sakri a farmer from East Java.

Sawit Watch has documented more than 660 ongoing conflicts between indigenous peoples and local communities with oil palm plantation companies in the country. It is the fact that criminalisation led to the arrests and detentions of community members often times make use of these concerned two articles of Plantation Act put forward for judicial review. Oil palm plantation companies, police offices, and formal courts and judges always make legal decision and justification under article 21 and 47 of plantation act against activities and actions illegal pursuant to the said articles.

The following articles (unofficial translation) of the plantation act were invalid, unlawful and unconstitutional:

Article 21
Each individual is prohibited to perform any action that can result in the damage of the plantation and/or other assets, use of plantation land without any permit and/or any other actions that can disrupt the plantation activities.

Article 47
(1) Any individual intentionally break the law by performing activities leading to destruction of plantation and/or other assets, using plantation land without any permit and/or other actions that lead to the disruption of plantation activities as stated in Article 21 shall be sent to trial with the maximum parole of 5 (five) years and fined with the maximum of IDR 5,000,000,000

(2) Any individual carelessly perform activities leading to destruction of plantation and/or other assets, using plantation land without permit and/or other actions leading to the disruption of plantation activities as stated in Article 21 shall be sent to trial with the maximum parole of 2 (two) years and 6 (six) months and fined with the maximum of IDR 2,500,000,000

The judicial review has taken place almost one-year owed tremendous supports and capacities from dedicated social and pro bono lawyers from Public Interest Lawyers Network (PILNET). And individual contributions from selected and invited legal experts including Amicus Curiae make this judicial review really makes different.

Best regards
Norman Jiwan