Burning, Spreads and Expand

Natural resources and agrarian conflicts throughout the last three years public attention given the intensity of the explosion that quite often. There is a strong trend, latent conflicts that had turned into a manifesto. The difference between the land tenure systems in agrarian conflicts never certain. Community persistent maintain its control rights for generations and informal, while the company and the other party come up with a system of formal rules which are not known in the habits of the people.

The conflict stems from the two systems contention that the eruption triggered by one of the parties wishes to impose its system to the other party. Many conflicts occur initially silent, suddenly erupted to the surface.

Changing trends such conflicts occur evenly throughout Indonesia. We could see the start of Mesuji in North Lampung, Ogan Ilir Komering, Kebumen, to Sumbawa. Conflict Outlook 2012 describes the distribution, the parties, the nature of the conflict, sectors and dimensions of human rights violations that occurred.

This conflict is recorded and documented HuMa through HuMaWin system from 2006 to the end of data collection in 2012. Not in a period of one year only. Here’s a map of the distribution of documented conflict HuMa:

1) Distribution of Conflict

Until November 2012, documented 232 HuMa natural resources and agrarian conflicts. Hundreds conflict occurred in almost all provinces in Indonesia with different levels of frequency. Some provinces do not go because of the limitations of existing data. Quite possibly the province like this would have a high-intensity conflict.

Call it like Papua, where mega ambitious procurement barns Merauke Integrated Food and Energy Estate, known MIFEE, is underway. This project will convert approximately one million hectares of land to be held by indigenous and plantation agriculture by big corporations.

HuMa noted the conflict taking place in 98 cities / counties in 22 provinces. Disturbingly, the extent of the conflict area reached 2,043,287 hectares or more than 20 thousand km2. This area is equivalent to half of the vast province of West Sumatra. In terms of quantity, the conflict is only documented portrait HuMa surface. You can imagine if all conflicts were identified that number and its range would be much greater.

Of the 22 provinces HuMa documented conflict, seven provinces which have the most conflict, namely Aceh, Banten, West Java, Central Java, West Kalimantan, Central Kalimantan and North Sumatra.

Most provinces with Conflict

No

Province

Number of cases

Land (acres)

1
Central Kalimantan

67 cases

254 671

2
Central Java

36 cases

9043

3
North Sumatra

16 cases

114.385

4
Banten

14 cases

8.207

5
West Java

12 cases

4.422

6
West Kalimantan

11 cases

551.073

7
Aceh

10 cases

28,522

Central Kalimantan is a province of the most conflict, where 13 of 14 districts and towns harbored claims on natural resource issues and agrarian. That is, the conflict takes place evenly in the administrative area of ​​the province. As many as 85% of cases in Central Kalimantan occurred in the plantation sector. While 10% is a conflict in the forestry sector. The rest is a mining conflict and other conflicts.

Widespread expansion of monoculture plantations in Kalimantan as no doubt make the forest area is reduced drastically. Changes in the status of the forest through the release mechanism, the exchange of an unbalanced, or borrow and use permit rife and tend increasingly uncontrollable. As a result, conflicts over forest areas customary claims against unilateral appointment by the country’s most common, getting worse. When a case of this kind has not been completed, now growing conflict between the community and the company.

The four provinces in Kalimantan accounts for 36 percent of the overall conflict HuMa data conflicts. Conflicts that occur in other provinces in Lombok, Sulawesi, Sumatra and Java, also showed a worrying condition.

Typology of conflict in Sumatra, Kalimantan almost similar, which claims conflict local or indigenous communities and the state and the company. Two big island has vast areas of forest and later became a dominant area of ​​oil palm plantation expansion in Indonesia.

While conflicts in Java, more concerning the forestry sector, where public lawsuit against the possession of territory by Perhutani still in the top quartile. Conflicts involving Perhutani happening throughout the company’s working the red plate, which is in the province of West Java, Banten, Central Java and East Java.

Official data show that the company Perhutani controlled forest area of ​​2.4 million hectares. There are about 6,800 villages in conflict with the limits Perhutani in Java.

2) Conflict Seen from Sector

According to data HuMa, plantation and forestry conflict to conflict most often occurs in Indonesia. The conflict in these two sectors defeat agrarian conflict over land or non-forest areas and gardens. Conflicts occur as many as 119 estates, with an area of ​​413 972 hectares area of ​​conflict reach.

Although the frequency of conflict forestry plantations less than the conflict, but the extent of the sector’s greatest conflict. Of 72 cases, forestry conflict area reached 1.2 million hectares more.

Widespread conflict areas identified plantations are mostly located in the forest area. Forests that were previously covered with dense trees and many are run by people, within a decade of experience is extensive deforestation. Forest conversion rate is quite high in the area where rampant palm expansion.

The drive to accelerate the pace of investment in oil palm plantation sector expected to strengthen the pressure on the demand for land, and the most vulnerable are sacrificed in a wooded area. This happened in Nagari seacoast, West Pasaman, West Sumatra, involving PT. Anam Koto. The company holds the rights to cultivate an area of ​​4.777 acres on land that was once claimed to be the area of ​​indigenous forest. Mentoring is done case by Q-Bar, HuMa partners based in West Sumatra.

a) Conflict of Forestry and the Roots

The conflict of the forestry sector due to the state’s right to control unilaterally the lands held communally by the local community. Political appointment of state-owned land that is claimed to spark resistance that causes protracted conflict.

According to data from the Central Statistics Agency (BPS) and the Ministry of Forestry in 2007 and 2009, there were 31,957 villages currently identified to be around and in the forest awaiting clarification process status. In many villages and almost the whole administrative area is in protected areas or conservation areas which means it can easily be considered as illegal, if there are people who collect or take timber forest products.

Take for example Sedoa village located in the North Lore District, Poso, Central Sulawesi. Administrative area of ​​this village almost 90 percent are in the protected forest area and Lore-Lindu National Park. Case Sedoa village is still in the process of mentoring by Bantaya, HuMa partners who are in Palu, Central Sulawesi. Or Battang Village West, Palopo City, which is about 400 acres affected expansion in the Nature Park (TWA) Nanggala III advocated by Wallacea.

For villages located in forest areas, such as the Village Sedoa or Battang Village West, the lands in the village can not be issued a certificate or proof of land ownership strongest. Domain arrangements in forest lands are in the regime of the Ministry of Forestry, while the certificate or registration of land under the National Land Agency.

At first glance the problem villages in and around the forest area is an administrative problem. But the difference in this regime has implications for public services, network infrastructure, and so on, which brings discrimination for vulnerable rural communities in the forest area.

In addition to conflict over the status of the administrative clarity, forest conflicts also backed a difference in opinions between the company and the local community on the types of crops grown. Such conflicts usually occur in widespread areas of production forest concessions or plantations which have the primary cover. Companies need a broad-scale land for cultivation papermaking raw materials or processed plywood.

HuMa noted one example of this category of forest conflicts occur in the case of PT. Toba Pulp Lestari Hasundutan Humbang District, North Sumatra. Forest clearing company Frankincense (Spear Haminjon) that has ruled for generations by indigenous Pandumaan and Sipituhuta, and replace it with eucalyptus trees.

Also occurred in the case of PT. Wira Sakti work for the clearing of primary forest planted acacia and eucalyptus in Tanjung Jabung Barat, Jambi. And the case of PT. Riau Andalan Pulp and Paper (RAPP) in Kampar, Teluk Meranti, Pelalawan, Riau.

b) The roots of the conflict Plantation

In the meantime, if conflict plantation sector did not receive serious attention, it is quite possible that the disputed land be equal, and even exceed the forest area in conflict.

Conflicts occur later massive plantation indirectly triggered by the Government’s ambition to make oil as Indonesia’s largest commodity in the world.

Theorem is then used by the oil businessman to get different protection from the Government. Worse, the local government also helped to ‘play’ in facilitating land acquisition and operation of oil palm plantations in the region by considering short-term political economy.

From the data HuMa, at least there are 14 provinces that recorded the majority of conflicts occur plantations in Kalimantan and Sumatra. Many sources are released data on large-scale conversion of forest to oil palm plantation area. Indonesian Conservation Community (KKI) Warsi, for example, called shrinkage forest area of ​​1.1 million hectares in Jambi in the past two decades. [1]

c) Mining Conflict

Data mining conflict does not seem as much conflict and plantation forestry. However, the conflict erupted sector is very easy compared to the forestry sector, which tends to be latent. From observation HuMa, local communities are very persistent maintain kelolanya deprived areas by the company with mining concessions, without any consideration and informed consent without coercion or free, prior and informed consent (FPIC).

The areas of mining companies are generally located in the area that has a magical-religious dimension to the local indigenous people. The company holds a license formally argued, people staunchly defending the sacred to their ancestors. Conflict was termanifes.

Mining conflicts have a tendency often clash in it. Many fell wounded, some of them to death.

In conflict mining companies almost always emerged victorious. Police officers, prosecutors, judges tend to prefer the party that holds the concession as the base instead of the customary law is not considered official or formal.

Mining company itself easily deflect accusations of land grabbing, forest or environmental pollution as a destructive effect processing of mining on the environment, an issue administrative concession or contract work.

Not infrequently it assisted companies law enforcement to criminalize the citizens under the pretext of protesting anarchists. Citizens were arrested, detained, and many were imprisoned. As happened in the PT. Sorikmas Mining operating in Mandailing Natal regency, North Sumatra.

The Supreme Court in the decision of a judicial rights No.126-Menhut-II/2004 ministerial decree concerning the function and the appointment of Batang Gadis National Park area winning company majority-owned by Singapore’s Investment Pungkut Aberifoyle. Related to the same case, five young people Godang Huta village dragged to court for reporting PT. Sorikmas.

In West Kalimantan, precisely in Pelaik Keruap, Melawi District, which is an assisted area Banua Talino Defense Agency (LBBT), three local community leaders sentenced to prison on charges hold no rights entourage surveyor mining exploration company PT. Main mechanics who entered the village midnight. Yet local communities actually intends to ask the purpose of his entourage at the time.

The case of the criminalization of the mining conflict also affects four people Sirise, Manggarai, East Nusa Tenggara. They were sentenced to five months in prison for maintaining lingko or appropriated indigenous forest concessions of mining companies.

3) Who are the Parties Involved in Conflict?

HuMa using HuMaWin tems, identifying the parties communal. The smallest unit is a community, society, or group. No individual. There are nine parties involved in natural resource conflicts and agrarian HuMa identified, namely:

a) Indigenous;

b) Local Communities;

c) Farmers Group;

d) National Parks / Ministry of Forestry;

e) Perhutani;

f) PT. Perkebunan Nusantara (PTPN);

g) Company / Corporate;

h) Regional Company;

i) Other Agencies.

Indigenous peoples, local communities deliberately distinguished to explain the differences in historical claim to the land conflict. While farmers groups identified for the parties related to the contractual relationship with the company. Third party is a party that are victims. Ministry of Forestry in as a party to the conflict because of the inherent institutional authority to appoint up to establish forest.

The Parties

Frequency in Conflict
Companies / Corporations

158
Local Communities

153
Farmer

41
Indigenous Peoples

34th
Perhutani

30th
National Parks / MoF

20th
PTPN

11th
Local Government

7
Other agencies

Perhutani as a separate institution with the Ministry of Forestry. As a business unit that has its own history and concession area, the company that manages the red plate Javanese forest is worth considering as a party to the conflict. Perhutani first foundation stone is the Decree of the Governor General (Gazette No.. 110 in 1911) and have many times last revision of Government Regulation No.72 of 2010 on the General State Forestry Company.

Similarly PTPN. HuMa in the last year looking at the development of state-owned companies in the plantation sector, especially related to land conflicts. Position in the map of the national economy increasingly significant when national policy to encourage the growth of investment to boost production of the commodity in the country. HuMa considered important seat as a unit PTPN actors involved in the conflict in itself, separate corporate entity (private). According to data documented HuMa least PTPN involved in 11 cases of Agrari conflict, all of which would be in the plantation sector.

PTPN plays an important role as a national commodity producers, such as sugar and coffee. No wonder if the Minister of State for State-Owned Enterprises (State Enterprises), Dahlan Iskan, who oversees PTPN, desperately defending an area of ​​the region when it erupted case PTPN Sweet Love, South Sumatra, which was sued by citizens for having invaded their land.

Other agencies here refers to the organs of power which was claimed to have control of the land, such as the Army and Navy.

From the data collected HuMa, company / corporation or cooperative ranks first as an actor in agrarian conflicts and natural resources. Companies / corporations involved conflicts in the plantation and mining contrary to local communities, indigenous peoples, even with groups of farmers. When involved in the forestry sector, you can bet they are involved in the forests of the status of the forest region of production.

The frequency of involvement of companies / corporations account for 35% of the overall data that documented offender HuMa. The position of the company / corporation as a violator of human rights is high also recorded in a report released by the National Human Rights Commission or advocacy organizations such as Walhi. This shows the growing role of the companies / corporations in all sectors of public life, shifting the dominant role of the state.

The dominance of private sector we can see that the velocity of money through private sector involvement. According to Sofian Wanandi, Chairman of the Indonesian Employers Association (Apindo), the velocity of money in the private sector reached Rp. 7000 trillion. Compare with the State Budget (Budget) which is only about Rp. 1200 trillion.

Thus the role of the private sector in the future, you can bet will be enlarged. It is important to note anticipated in the conflict resolution process that will sacrifice agrarian society.

National Park or in this case the Ministry of Forestry are generally involved in boundary disputes or expanding unilaterally by the Ministry of Forestry, as happened in the Mist Mountain National Park-Salak (GHSNP), as stipulated in Decree No. Menhut. 175/Kpts-II/2003.

As identified Young Forester Indonesia (RMI), there are at least 314 villages were affected by the expansion are scattered around the area-Mist Mountain Salak in Bogor and Lebak. One of the affected village is Kampung Nyungcung GHSNP expansion, Malasari Village, District bear, Bogor regency, West Java.

From the description of the parties involved in agrarian conflicts and natural resources above, the company became the party most often the perpetrators of the conflict. The company is engaged in 158 recorded by HuMa conflict. Perhutani followed by 30 cases, 20 cases and National Parks, PTPN at 11. Then the Government with 7 cases and 2 cases of other agencies.

Here’s a table of the parties as agents of natural resources and agrarian conflicts were collected HuMa:

4) Typology of Conflict and the Violation of Human Rights

a) The Typology of Conflict By Actors

In general, the view of the parties involved in the natural resources and agrarian conflicts, there are four dominant types of conflicts that occurred in Indonesia. The position of the company / corporation or cooperative as the main actors appeared most frequently in the case of the four dominant typology. Four typologies of conflict are:

(1) Local Communities against the company / corporation or cooperative;

(2) Farmers against the Company;

(3) Local Communities against Perhutani;

(4) Indigenous Peoples against the Company.

The high frequency of involvement of these companies contributed from conflict plantation and mining sectors. Perhaps almost all natural resources and agrarian conflicts based on differences in the basis of the claims of the parties that caused overlapping claims. Basic formal claims generally hold onto the company dealing with the informal version of the historical claims of local communities or indigenous peoples.

Departing from the typology of conflict which has been described, a number of human rights violations have occurred in it.

In line with the development of human rights, the current company or corporation can be categorized as an actor. Not just state. The company not only operates with the dimensions intersect with the public or the people, but the company or business is also experiencing a shift in the role that in many cases eroded the authority of the state.

According to the United Nations Framework on Guiding Principles for Business and Human Rights’ Protection, Respect, and Recovery “, there are at least three important pillars in terms of business and human rights. First, the state duty to protect against human rights abuses by third parties, including business enterprises, through policy, regulatory, and judicial appropriate.

Second, is the corporate responsibility to respect human rights, which means that business enterprises should act with due diligence to avoid the infringement on the rights of others and to address adverse consequences in which they are involved. Third, is the need for greater access by victims to effective remedy, both judicial and non-judicial.

In reality in the field, companies often use instruments or apparatus of the state in violence. Companies with economic modality can influence and even forcing state officials to block demonstrations or protests of local communities or indigenous people blindly. Concrete examples of the relationship of business organizations that use the entity or state officials which resulted in the victim can be seen in the case of Mesuji or Sweet Love which resulted in the victim falling local community.

b) Offenders and Human Rights Violations

Tems HuMaWin classify an event like this in the category of events surrounding the case. HuMaWin documenting the conflict on the basis of the case, not an event. So the data output offenders different from the data of the parties that act as agents in a conflict that is documented.

When the category of conflict actors, companies or corporations top the list, then the category of human rights violators in agrarian conflicts, the state entity that occupies the first offenders.

From the height of human rights violations that occurred surrounding the agrarian conflict suggests that conflict handling termanifes generally carried out systematically targeted for community groups held a demonstration against the concession or permission of the company.

State apparatus, such as Mobile Brigade personnel, in this case tends to position itself as the party that secures corporate assets rather than protecting the public. HuMa recorded as many as 91,968 people from 315 communities have been victims of the natural resources and agrarian conflicts.

HuMa also identify violators of human rights of individuals who have positions of power and influence in, usually at the local level. Category of individual actors is addressed to people such as density customary chief, who uses the symbolic power as traditional elders to incite or attack people who do protests. The following table of human rights violators that have been collected:

Performers Rights Violators

Event

Percentage
State Entities

266

53.96%
Business Organization

179

36.31%
Individuals in a position of power

48th

9.74%
TOTAL

493

100.00%

In the natural resources and agrarian conflicts, common offenses is a violation of the economic, socio-cultural-primarily economic, but political and civil rights in various forms such as the clashes that accompanied the shooting, sweeping, arrest, torture, displacement, and destruction of property owned by communities also often do actors.

Here are examples of several instances in which there were violations of civil and political rights:

Parties to a dispute with the community

Violations of civil and political rights
1 Aceh Tamiang Indo Perkasa PT Sinar Kaloy Coercion Datok village sign on concession extensions
2 Arrests Burhan Muara Enim Entrepreneurs Junaidi and Kosim
3 West Pasaman PT. Permata Hijau Pasaman II 20 people were injured, one miscarriage after police sweep. Other residents at gunpoint trauma.
4 Cape West Jabung PT Wira Karya Sakti Ahmad (45) was shot dead Brimob.
5 West Pasaman PT. Anam Koto activists Kidnapping of 2 and 5 residents
6 Binjai PTPN 2 Sei Semayang Remi (22) were killed by a poisoned arrow while maintaining land
7 Bengkalis PT Arara Abadi violent arrest 200 people, 1 toddler death
8 East Manggarai Government Manggarai beating of hands citizens of the starting mark ‘land
9 South Minahasa PT. Energy Sources Frengky Aringking Jaya police bullet wound, arrest Yance forcibly with a sweeping
10 North Labuhanbatu PT Smart arrest of 60 farmers, Gusmanto (16) was shot
11 West Aceh PT KTS Tgk Banta Ali defend his land was shot dead
12 Ogan Ilir PTPN VII Sweet Love Anga (12) was killed and 23 people were shot Brimob
13 East Kotawaringin PT. Principal Work Nabatindo arrest citizens
14 East Sumba PT. Fathi Resources 4 people were injured in the riots, 24 people criminalized
15 Rokan Hulu Artha Nusantara PT Stringing residents clash with corporate thugs, 5 residents are not home.
16 Mandailing Natal PT Sorikmas Mining Conflicts with company officers, four injuries and one suffered gunshot wounds
17 Donggala PT. Masdudin Manunggal Eternal Light (50) was killed and five other police officers shot

Judging from the types of human rights violations, violations of people’s right to utilize the wealth and natural resources of the most common (25%). Generally these violations occur in disputes relating to collective ownership, such as a group of indigenous people who have lost their access to the result of the determination of indigenous forest land as state forest managed by private companies.

This happened in the case of the seizure of communal land owned by businessmen in Cape Medang Muara Enim, or deforestation Frankincense Frankincense Humbahas owned by PT Toba Pulp Lestari Hasundutan Humbang District, North Sumatra.

Then the violation of the right to own or dominate wealth (19%). This happens on land-confiscation of land owned by individual communities. Some victims have land deeds and others do not have it. In East Aceh, for example, there were 700 people who own land in dispute with PT Bumi Flora. Residents are spread over 7 villages awaiting government’s verification team letters proof of land ownership.

A similar case also occurred in the case of a dispute between PT Lestari Asri Jaya to the immigrant population in the District Tebo. They each claim as having the land legally.

Violations of the right to freedom (18%), occurs when government officials conduct arbitrary arrests against people who resist land invasions. Peritiwa mass arrests occurred in a land dispute case PT Arara Abadi in Bengkalis. A total of 200 people were arrested in a sweep gripping and bloody. It so happened in North Labuhanbatu district where 60 villagers opposed to land grabbing PT Smart was arrested. Similar examples of citizens opposed the mine experienced 24 PT. Fathi Resources in East Sumba.

Violation of personal integrity, as found in cases tinged clashes. The clash could occur between the community and the company security officer and with the police. Not infrequently sweeping by police with a large number of personnel carried out in the villages with the aim of getting arrest of opposition from residents that ended with the shooting and persecution.

As happened in the case of PT. Permata Hijau Pasaman II in West Pasaman, as many as 20 people suffered gunshot wounds. Bloody events PTPN VII in Ogan Ilir also caused 23 people injured were shot.

Below is a list of the types of human rights violations are the most frequent offenders, the state of the entity (in this case such apparatus armed Mobile Brigade), or from the corporation, and of the individual entities that have the power:

Type of Violation

Percentage
Violation of the right of the people to take advantage of the wealth and natural resources

25%
Violations of the right to possession or control of wealth

19%
Violations of the right to freedom

18%
The attack on personal integrity

7%
Violations of the right to a healthy environment

7%
Violations of the right to life

6%

5) Conclusions and Recommendations

Conclusion

Natural resource conflicts occur in the plantation, forestry, mining, is the aftermath of the Government’s policy of arbitrarily granting licenses and concessions to companies engaged in the extractive such as plantations and large-scale mining. In the forestry sector the biggest problems inherited by the Government so far is by appointment forest unilaterally without considering the existence of indigenous peoples, local, and sustainable ecosystem and environmental sustainability in the designated areas are.

In granting permits and such appointment, the government at all levels does not use the principle of consent without coercion or mechanisms early Free, Prior, and Informed Consent (FPIC). In fact, in many cases, society is beginning to open forest, and inhabits their arable land or communal land. Expropriation of lands of local communities, indigenous peoples, or farmers, mostly occurred in the past (1965), the New Order period, and after the Reformation is at the root of agrarian conflict that lasted until now.

Agrarian conflict continues to spread, spread, burning, and sustainable as the Government has continued to licenses or concessions to large-scale companies, but on the other hand let agrarian conflicts that occur without a thorough treatment and provide justice for the victims.

Agrarian conflict now become widespread because the government continues to encourage high economic growth, one of them by opening new plantations of palm oil, either on lands that communities as their communal land, and by converting forests. In the midst of a legal system that ignored the existence of the claims on the land tenure system, the government through law enforcement and armed sustain power companies holders of formal proof though sometimes obtained with a corrupt mechanism. It looks intense in all sectors of the conflict.

Country, not only facilitates companies to take over the land, but also to build a search engine’s own benefit through PTPN-PTPN. As a result, perusahaanlah the main actors in conflict with society. Mode used by the company to silence people protesting land seizures it is to use law enforcement agencies such as the police (Brimob) and military. They also use thugs or hired thugs.