PALMOILMAGAZINE, JAKARTA – The Palm Oil Monitoring Association (Sawit Watch) has submitted a revised judicial review petition regarding Articles 12A, 17A, and 110B of Law No. 18 of 2013 on Forest Destruction Prevention and Eradication, which were amended under the Omnibus Law (UU Cipta Kerja). During a Constitutional Court (MK) hearing on Thursday, Sawit Watch argued that these provisions disproportionately harm vulnerable communities in the palm oil sector and hinder efforts toward sustainable palm oil transformation.
The petitioners’ legal counsel, Raja Martahi Nadeak, stated that these regulations negatively impact smallholder farmers and indigenous communities living near forest areas. “These provisions do not favor vulnerable groups in the palm oil industry and create injustice for small-scale plantations. Efforts to promote a sustainable, deforestation-free palm oil sector are also obstructed,” he said, as quoted by Palmoilmagazine.com from the official statement of the Constitutional Court of Indonesia on Friday (March 7, 2025).
Challenging Unfair Regulations
In its petition, Sawit Watch requested the court to declare certain phrases in Articles 12A, 17A, and 110B unconstitutional and legally non-binding. One of the main concerns is the requirement for smallholder farmers to register under the government’s forest area management policy. According to the petitioners, this policy could lead to repressive government actions against unregistered farmers and communities.
Founded in 1998, Sawit Watch actively researches palm oil-related policies and laws, analyzing their environmental, social, and economic impacts. The organization argues that administrative sanctions under Law No. 18/2013 favor large corporations, as they serve as mere “amnesty” for large-scale plantations operating in forest areas.
Awaiting Constitutional Court’s Decision
The hearing was presided over by Justice M. Guntur Hamzah, accompanied by Daniel Yusmic P. Foekh and Ridwan Mansyur. Before closing the session, Guntur stated that the petition would be reviewed in a Judicial Deliberation Meeting (RPH) to determine whether a ruling would be issued immediately or if further hearings with expert witnesses and relevant parties would be required.
If the petition is granted, the contested regulations could be revised, paving the way for a more inclusive and equitable palm oil governance framework in Indonesia. (P2)
