Jakarta, April 11, 2023 – HuMa Voice – HuMa’s monthly discussion agenda – raises the theme of Agrarian Syi’ar during this holy month of Ramadan. Syi’ar is interpreted as disseminating information and knowledge. The three syi’ar presented were: Conflict data by Dewi Sutedjo (JKPP), academic perspectives related to agrarian situations, particularly Customary Law Communities (MHA) and local communities by Prof. Dr. Maria SW Sumardjono (Professor of Agrarian Law, Faculty of Law, UGM), and Islamic perspectives on land grabbing presented by Gus Roy Murtadho (Forum Nadhliyin Sovereignty of Natural Resources).
The field facts presented by Dewi Sutedjo are very concrete, capturing conflict data that can be accessed on the tanahkita website. “Based on the indigenous community category, there are 231 conflict incidents. The highest sector is found in forestry, followed by plantations and infrastructure,”, Dewi said. Apart from the above facts, a new finding is conflicts in the name of clean energy (Geothermal Power Plants).
These complex and unresolved conflicts are not without reason. The regulations that exist and are issued are unable to address various root causes of conflicts. Prof. Maria added, “These regulations are diverse and each goes its own way, while the root of the problem has not been addressed. Consequently, other sectoral interests arise where the law is not firm and strong for the customary law community. This will be detrimental to the MHA itself.” The analysis conducted by Prof. Maria also provides a strong conclusion to be a collective homework for all parties in resolving agrarian conflicts based on high inequalities.
High inequalities and the usurpation of resources that actually cause harm are things that Islam strictly prohibits. The Islamic view, particularly that of Nahdlatul Ulama (NU), has been decided at the 34th Congress held in 2021. Gus Roy mentioned, “The Commission for Jurisprudential Issues in Current Affairs made a very important legal decision that land that has been occupied by the people for years, even if it has not been recognized by the state, cannot be taken by the government or investments. So, land that has been managed by the people for years, either through the iqtha’ process (land redistribution) by the government or ihya’ (land management), then it is forbidden for the government or investments to take that land.”
“So, what is the law for Muslims and scholars to fight against the injustices committed by oppressors? That is what needs to be struggled for, but jihad that aims for goodness and does not harm others is paramount. We do not hate the figure or the person, but we detest the policies issued. Therefore, this imbalanced agrarian policy needs to be fought against,” Gus Roy concluded the Agrarian Syi’ar session.
#LawForThePeople #People’sLegalAssistance #AgrarianSyi’ar
Material and Speaker’s Writing
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