Civil society coalition submits legal challenge against recently enacted Conservation Law

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Berita Baru – September 20, 2024
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Jakarta – A number of civil society organizations together with representatives of indigenous peoples have submitted a juridical review of Law Number 32/2024 on the Conservation of Biological Natural Resources and their Ecosystems (KSDAHE Law) with the Constitutional Court.

The coalition is made up of the Nusantara Traditional Community Alliance (AMAN), the Indonesian Forum for the Environment (Walhi), the People's Coalition for Fisheries Justice (KIARA) and a representative of the Ngkiong indigenous community, Mikael Ane.

Walhi policy study manager Satrio Manggala stated that the drafting of this law was not in accordance with the principles of openness that should be the basis for the formation of laws and regulations.

"We provided input on this regulation, but until now there has been no clear response from the related parties", he said in a written statement on Thursday September 19.

AMAN Secretary General Rukka Sombolinggi also highlighted that the law did not involve the full participation of indigenous peoples, which are the most affected groups.

According to Sombolinggi, the KSDAHE Law ignores the existence of indigenous peoples as subjects in the implementation of conservation. "This law even has the potential to appropriate customary land and criminalise indigenous peoples through the expansion of conservation areas", Sombolinggi added.

In the same vein as Sombolinggi, KIARA Secretary General Kiara Susan Herawati expressed concerns over the impact of this law on coastal communities and small islands.

"The absence of meaningful participation from coastal communities will result in the marginalisation of the local knowledge, culture and wisdom they have", Herawati explained.

She also believes that this law is contrary to the constitutional rights of fisher people, especially in terms of access to the sea and the use of marine resources.

The Coalition for Conservation Justice is urging the Constitutional Court to annul the KSDAHE Law because it is seen as not fulfilling the principles of utilisation and was drafted and ratified behind closed doors.

If the law is not annulled, they hope that the Constitutional Court will order lawmakers to improve the law by involving indigenous peoples and communities that focus on the conservation issues.

[Translated by James Balowski. The original title of the article was " Koalisi Masyarakat Sipil dan Adat Gugat UU Konservasi ke MK".]

Source: https://beritabaru.co/koalisi-masyarakat-sipil-dan-adat-gugat-uu-konservasi-ke-mk/

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