The polemic regarding eviction of community land by large companies seems to never stop happening. One group that is not spared from being victims of land grabbing is indigenous peoples. Forests and land are two things that are priceless for indigenous peoples. So when human rights deprivation occurs, of course they do not remain silent. Resistance after resistance was carried out, but they had to be affected; criminalization.
"Our area was previously untouched, 75% pure forest, then in 2018 they (PT Sawit Mandiri Lestari) started to enter. The community and village officials resist oil palm plantations by carrying out a kind of patrol every week, but they continue to do so land clearing. They also carry out politics of fighting each other against citizens. In 2020, 6 people were arrested, including me, because I was considered a provocateur. "I celebrated my birthday in detention," said Effendi Buhing, Chair of the Laman Kinipan Indigenous Community, Central Kalimantan.
PT SML is a palm oil company operating in Batang Kawa District, Lamandau Regency, Central Kalimantan. Reporting from kompas.com, this company is expanding its oil palm plantations to local customary forest areas. This is where the problem started. Since 2018, the conflict between PT SML and the Laman Kinipan indigenous community has been ongoing. The Laman Kinipan indigenous community rejects the clearing of customary forests that have existed for a long time.
Effendi's story is only one of many similar stories. Criminalization in the form of detaining environmental and agrarian fighters is a form of human rights violation. There are at least 3 articles in Law no. 39 of 1999 concerning Human Rights which are violated when this kind of criminalization occurs.
Article 5 paragraph 3 reads, "every person belonging to a vulnerable group of people has the right to receive more treatment and protection in relation to their particularities." Then, article 6 paragraph 2 reads, "The cultural identity of customary law communities, including rights to customary land, is protected, in line with current developments." Finally, article 24 paragraph 1 which reads, "everyone has the right to assemble, meet and associate for peaceful purposes."
“From 2021 to 2022 there were 8 recorded arrests of Papuans in several cities in Indonesia. There were also Molotov cocktail terror acts at LBH Jakarta and LBH Papua. All of this is a form of threat from the perpetrator illegal logging. Then there are traditional events in Papua which are not allowed by the police on the pretext that indigenous peoples are not registered with Kesbangpol. The shooting of Papuans is seen as normal due to misunderstandings regarding the separatist movement, even though the victims could be traditional rights fighters. "The Special Autonomy Law is unable to prevent all the plunder that occurs against indigenous communities in Papua," said Teddy Wakum, YLBHI Papua Pos Merauke.
According to Syamsudin from the Agrarian Reform Consortium (KPA), there are five main factors that pushed the agrarian crisis to occur. Namely, land inequality, criminalization, land conversion, poverty and ecological damage. In the midst of the increase in these five things, the government still does not show a commitment to protecting indigenous peoples.
The fragility of protection and fulfillment of human rights for indigenous communities fighting for the environment and agrarian reaffirms the urgency of passing the Indigenous Peoples Bill (RUU). The Indigenous Peoples Bill is a vital tool for realizing justice for indigenous peoples. Unfortunately, even though the draft Indigenous Peoples Bill has been proposed to the DPR RI since 2010, to date the bill has not been passed.
The length of time required to conceptualize indigenous communities then calls into question the political will of the government. Certain interests then emerged as obstacles to the passing of the Indigenous Peoples Bill. For example, that this bill will hamper the pace of development and investment in Indonesia. With the government's support for development, companies finally have great power in carrying out their projects. Creating agrarian conflict unfair fight.
“Companies always have an advantage because of their permits, but society has nothing to fight against it. "We are letters from the land of indigenous peoples and children are the seal," said Effendi Buhing.
Apart from that, there must be improvements in standard procedures for the police and security forces in enforcing the law on agrarian issues. The approach that has been used so far is a repressive approach. Meanwhile, the negotiation and persuasion stages are often missed, especially in areas far from busy centers. Therefore, reform of the police and security apparatus needs to be a consideration for the government. Quick and appropriate responses from the community itself in agrarian conflicts also need to be improved, the community must understand legal capabilities.
The agrarian crisis does not only relate to human rights. But the agrarian crisis is a human rights issue. The land being contested is the right of indigenous peoples and violence and criminalization are clearly human rights violations. With all the risks of human rights violations in defending their territory, indigenous peoples consistently continue to demand their land. This is because the land issue is a long-term problem.
Marlena from the United Farmers Forum (FPB) said that companies often come to meet the community and directly interrogate them. Not only that, they persuaded people to sell their land.
“We were also beaten by the police. Many women are afraid of the company and think that they may not be able to keep their land. So they chose to sell their land and work for the company as laborers. But when company workers reach the age of 40, they will no longer be used because they are considered unproductive. Meanwhile, the land is no longer owned. That's how cunning companies play.”
Marlena told about how PT Sandabi Indah Lestari (SIL), which operates in the plantation and palm oil industry in North Bengkulu Regency, Bengkulu Province, continues to make efforts to seize land managed by farmers. Intimidation continues to be felt by farmers who refuse to give up their land. Reporting from WALHI, in August 2023, a farmer named Mirhakim was forced to hand over 15 hectares of his land through an official letter from the Tais District Court. Fortunately, this confiscation failed to be carried out thanks to FPB's resistance.
Indigenous peoples and other marginalized communities will continue to fight for their land. They were born and live on that land. The attachment of indigenous peoples to their land should not be denied.
By holding the 2023 Tenurial Conference, the Indonesian government can strengthen appropriate regulations related to human rights. As well as formulating pro-development policies that do not violate the human rights of indigenous peoples and other marginalized communities.
*This report was written by: Meilisa Anggraeni
