Early P2H Bill has done a constitution deviation. While the predictions of forward presence is to prevent and provide a deterrent effect for liar.Fakta loggers were revealed during the hearing between the House of Representatives Commission IV RI in charge of agriculture, plantations, forestry, marine, fisheries, and food, with the National Human Rights Commission humans (Komnas HAM), the National Forestry Council (DKN), Civil Society Coalition for Forest Sustainability and Forest Restoration Coalition Java (08/04/2013).

Agenda hearing between the House of Representatives Commission IV of the National Human Rights Commission, National Security Council and Civil Society Coalition for the Sustainability of Forest-consists of HuMa, KPA, SAFE, Walhi, ICW, Pilnet, Elsam, and LBH Semarang-on P2H bill brings out the fact that quite astonishing. Bill, who had learned through study visits to Brazil, it turns distorted and violate regulations vertical well, such as the 1945 and Decree No. IX of 2001 on Agrarian Reform and Natural Resources Management, or horizontal, such as Law No. 39 of 1999 on Human Rights.

Protest against violations of the constitution is expressed by Sandra Moniaga (Komnas HAM), Eras and Dede (Civil Society Coalition for Forest Sustainability). Commissioner and Vice Chairman of the National Human Rights Commission, Sandra Moniaga, expressed the view of the Commission to refer the bill to the Fundamentals of Mind of Komnas HAM. One part of the subject matter is about the neglect of the Rights of Indigenous Peoples which are outlined in the 1945 MPR No.IX/2001 on Agrarian Reform and the management of natural resources, the Law No.5/1960 on Agrarian, Law No.39/1999 on Human Rights, Law No.41/1999 on Forestry and Law No.32/2004 on the Protection and Management of the Environment. The back view is confirmed by two members of the Civil Society Coalition representatives to Kelestaria Forest derived from the National Executive Walhi, AMAN and KPA is Yaya, Eras and Dede. All three are said to look back to the Decree No. IX/2001, and Environmental Law.
Violations are not limited to material noncompliance with a statutory requirement as stated above. Civil Society Coalition for Forest Sustainability also found noncompliance with formal requirements, ie, not in the general public to provide it access to provide input on the draft legislation P2H, so impressed and silently closed. This is expressed by Rahkmah Mary, one of the members of the Civil Society Coalition for Forest Sustainability. Non-compliance with these requirements, according to the Law Reform Program Coordinator and Conflict Resolution, this HuMa provide space for bringing this legislation to the process of judicial review in the Constitutional Court.

P2H bill also gives the opportunity for the criminalization of Indigenous People. This view was expressed by when Martua Sirait, members of the NCC. According to him, currently there are 33,000 villages in and around the forest area is only 16% that has been designated as a forest. Thus refers to the definition that has been set, it is inevitable there will be a massive criminalization of local communities, indigenous people, including the local communities living around the forest area. DKN opinion is also supported by the Ministry of Forestry in the opportunity it represented, Made Gelgel. He admitted that until now the formulation of the people residing in forest areas have not been there, although there are plans for future attention. So the lack of recognition and clarification of the law allows for the criminalization, such as shifting cultivation. Criminalization of Indigenous People to be one of the serious attention of this hearing, the case may be Pandumaan Sipituhuta entrance to see the possibilities that would be generated from P2H.

Commission IV of the House of Representatives proposed a bill which is then respond if the presence of the beginning of this draft is as a result of government’s lack of initiative in tackling illegal logging. So that Parliament was the one who took the initiative. It was stated by Kahardi, Member of Commission IV of the Golkar faction. Still according to the members of the party bearing the god of the banyan tree, plans to propose legislation on illegal logging according to him had been discontinued for 5 years, since proposed in 2008. However, from a given input Commission, NCC and Civil Society Coalition for Forest Sustainability, he also admitted if they tend not to pay attention to TAP MPR No. IX/2001.

Other Commission members, Ian Siagian, PDI-P, said that after hearing the input of civil society coalition also think it needs their input as well as Jawa KPH coalition. Besides the Democratic Party coalition also said that input is welcome just to Fraction to be accommodated in the bill P2H. ***