Press Release of the Advocacy Team for Equitable Conservation: Government and Parliament Have Not Provided Information at the Constitutional Court, Legal Team: This is Neglect of Indigenous and Local Community Rights

Jakarta, (8/6/2026), the Advocacy Team for Equitable Conservation attended a session at the Constitutional Court (MK) regarding the Material Review of Article 1 number 16 of Law Number 32 of 2024 concerning the Conservation of Biological Natural Resources and Their Ecosystems (KSDAHE Law) and registered with Number 262/PUU-XXVI/2026. The agenda of this session was to hear statements from the President of the Republic of Indonesia and the Indonesian House of Representatives, after the Applicants had previously gone through a preliminary examination process. 

In addition to the Legal Counsel of the Applicants, those present from the Government included representatives from the Ministry of Forestry represented by the Director of Conservation, Acting Director of Preservation, and the Sub-Directorate of the Directorate General of KSDAHE, as well as representatives from the Ministry of Law's Sub-Directorate of Dispute Resolution. Meanwhile, the House of Representatives was represented by the Expertise Body of the Indonesian House of Representatives.

The session was brief, as it turned out that the Government and the House of Representatives were not ready to provide statements. Regarding the unpreparedness of the Government and the House of Representatives, Surti Handayani, as the Legal Counsel of the Applicants, regretted and stated that this was a form of neglect of the rights of Indigenous and/or Local Communities, who are currently threatened with losing their territories due to the Preservation Area. 

"The unpreparedness of the Government and the House of Representatives in providing statements at the Constitutional Court is a form of neglect of the rights of Indigenous and/or Local Communities who are currently waiting for explanations from the House of Representatives and the Government due to the Preservation Area which could actually seize their territories" emphasized Surti Handayani. 

In addition to neglect, Surti Handayani further assessed that the postponement of today's session is a form of unprofessionalism of the House of Representatives and the Government who were not willing to provide statements, even though the Constitutional Court had previously notified about this Application well in advance to prepare their statements. 

"This neglect is a form of unprofessionalism of the House of Representatives and the Government who were not willing to provide statements, even though the Constitutional Court had previously notified about the Application since July 7, 2026, so that the Government and the House of Representatives could immediately prepare their statements" concluded Surti Handayani.  

In line with this explanation, Fikerman Saragih, who is also the Legal Counsel of the Applicants, mentioned that the actions of the Government and the House of Representatives in delaying providing statements are a form of the Indonesian Government's lack of seriousness in being accountable for the KSDAHE Law, especially the Preservation Area norms to the public. This is in stark contrast to the formulation process until the enactment of the KSDAHE Law, which was rushed recklessly and mostly conducted in secret by the Government. However, when it comes to being accountable for this KSDAHE Law at the Constitutional Court, the government and the House of Representatives are suspected of prolonging and diluting the review process. Ironically, the government has now implemented the Preservation Area norms, one of which is by issuing a potential preservation area map of protected forests in East Nusa Tenggara Province unilaterally without the consent of Indigenous Peoples and Local Communities in the area. The issuance of the potential preservation area map has the potential to overlap and even seize the managed territories of indigenous peoples and local communities who live and manage the protected forests. 

The amendment of the KSDAHE Law shows the reckless attitude of the legislators without considering the loss of access to the living space of Indigenous and Local Communities who have coexisted and lived in harmony with forests, coasts, and small islands when these areas are designated as conservation areas, meaning that the conservation law has seized the right to live and ignored the conservation practices that have been carried out based on the traditional knowledge of Indigenous and/or Local Communities in maintaining and preserving their living space. 

Contact:
Fikerman Saragih
085710170502