(Published in Media Indonesia page 22, January 31, 2012)

S Rahma Mary H
Legal Reform Program Coordinator and conflicts resolution in Society
for Community-Based Legal Reform and Ecological

Noer Fauzi Rachman
Board of Experts Consortium for Agrarian Reform

On January 16, 2012, Joint Fact-Finding Team (Fact Finding Team) Case Mesuji have presented their findings. The team, which was formed December 17, 2011, the task of finding relevant and accurate facts on all aspects related to legal events in Histories Ogan Ilir regency, South Sumatra, and Mesuji district, Lampung. Fact Finding Team found some important things in the Register 45 area cases involving citizens and the state company PT Silva, Sri Desa Tanjung cases involving citizens and PT BSMI, as well as cases involving citizens Sodong River and PT Sumber Wangi Alam.

First, the Fact Finding Team found there in three regions of agrarian conflict that led to the violence. Second, ask the Commission Fact Finding Team to investigate allegations of human rights violations in the case of the death of a resident, the Made Aste in Register 45, Mesuji, Lampung. Third, ask TGPF no assistance to the wounded who still require medical care. Fourth, the Fact Finding Team recommends that governments help child victims, especially in the field of education. Fifth, the Fact Finding Team recommends the Agency to provide protection to witnesses and victims. Sixth, the Fact Finding Team recommends that the government crack down on security and curb business entity, in charge, and the security of the user company. Lastly, do law enforcement action to the makers and dealers of violence in video pieces that do not fit with the DPR findings of fact Fact Finding Team on scene three.

Against police, police Fact Finding Team also recommended to increase the capacity of handling conflict and encourage the banning of the receipt of funds from third parties to maintain the neutrality and professionalism of police work. Side of the agrarian policy, recommend to PPresiden Fact Finding Team to consider the issuance of Presidential Instruction (PI) whose implementation is monitored Agrarian Reform Presidential Unit.

Handling emergencies
The findings of the Fact Finding Team commendable. Due to the Fact Finding Team Mesuji case as a case, we can understand rekomendasirekomendasinya. For the present case at hand, which should take precedence is the handling of emergencies, when the needs of clothing, food, and shelter that ensures survival of the people confirmed the victim is available. Government (including government da erah) should have addressed it quickly and on target. In addition, it must be ensured also the people who are victims free from fear of intimidation that might be experienced again. All who commit acts of abuse of power and oppression must be prosecuted and certainly no legal actions in order to create a deterrent effect, that is, besides the offender not to repeat such actions, the public indicates that the present state to protect all the people. In the emergency situation, the categorization between where people are native (indigenous) and where the migrants (migrants)-is made by the company and the government – was not going to help the victims. The categorization that will lead to exclusivism and new problems.

Such agrarian conflicts Mesuji case certainly can not be solved by solving a patchwork because it is chronic and structural. Are we biased learning and what can we learn from the ways of handling this Mesuji case? It should be noted that the Joint Fact Finding Team also found the root of the problem in three cases it is Mesuji agrarian conflicts, but the recommendations they produce was not audit policies include granting rights of exploitation (HGU) issued by the National Land Agency and the rights of an industrial plant concession ( HPHTI) issued by the Ministry of Forestry. That’s what actually needs to be studied and examined carefully, how to use (and misuse) of authority in the process of granting concessions to firms that result in closing the said local people the opportunity to get the benefits of some of the land and natural resources there. In the framework of settlement of the case, the Government should be able to use its authority to correct and HPHTI granting the concession to ensure the availability of land for settlement and farming people of the victims, not just perpetuate the pengeksklusifan process.

Towards agrarian reform?
To complement what we adopted in our previous article, ‘Mesuji, Chronic Agrarian conflicts’, in Media Indonesia (December 26, 2011), we propose the government to conduct a thorough audit of the policies and administration Konse consequences on the availability of land for agriculture and settlement rural poor people. In principle, government agencies obligated to protect, respect and fulfill the rights of its citizens including land rights, the right to a decent life, as part of the economic, social, and cultural. The fulfillment of these rights is the obligation of the state progressively, and vice versa, allowing the seizure-
land grabs by giant corporations is a form of human rights violation by omission, which occurs due to negligence on state efforts to protect its citizens from human rights violations by land usurpers.

Meanwhile, the use of violence by the authorities of the State to the victim is clearly a direct violation of human rights, by commission. Using a transitional justice perspective (transitional justice) for a kind of agrarian conflict resolution Mesuji case will allow us to understand the agrarian conflicts as a sign of widespread agrarian crisis. The government should seriously understand the tendency of concentration control, ownership, use, and use of land and natural resources that the giant corporations.

On the other hand, pay attention to the calculation of the need for land for settlement and farming rural poor people. The government should have an overview of the structure of inequality control, ownership, use, and use of land and natural resources throughout the district and province. Only with the overview that the government could devise a comprehensive agrarian reform program. Instruction about agrarian reform should be effected as proposed Joint Fact Finding Team to prepare an overview and design it.

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