Reporting from the 2021 East Java Forum for the Environment (WALHI) paper, since 1925, residents of Pakel, Licin, Banyuwangi submitted a request to clear the Sengkan Kandang and Keseran forests to the Dutch colonial government. Four years later, the request was granted. They were given the right to clear a forest area of 4000 shoulders (3000 hectares) by the Regent of Banyuwangi, RAAM Notohadi Suryo. However, along the way, Rukun Pakel residents continued to experience various criminal acts from the authorities. Also the Dutch and Japanese governments at that time.
Rukun Pakel residents continue to struggle to obtain full certainty regarding their forest clearing rights as stipulated in the 1929 deed. In the midst of this uncertainty, Rukun Pakel residents cultivate crops in the Glugoh Park area – included in the 1929 deed area – to survive. In the 1980s, the plantation company owned by PT Bumi Sari claimed their ownership rights. In fact, if you refer to the Decree of the Ministry of Home Affairs, dated 13 December 1985, number SK.35/HGU/DA/85, PT Bumi Sari is said to only have Cultivation Rights (HGU) with an area of 1189.81 hectares, located in Kluncing and Songgon.
PT Bumi Sari actually continues to carry out planting activities and controls the entire area up to the Rukun Pakel village. This was the beginning, the conflict and struggle of Rukun Pakel residents against investors for their exploitation. They often experience structural violence and oppression to this day. Loss of land rights, loss of their living space that has existed for generations.
Since 2001 until today, the residents of Rukun Pakel have been trying to reclaim it. They built a struggle post. At least 7 struggle posts and 1 prayer room have been built on the struggle land. Pakel residents regularly hold istiqosah, recitation, farming and discussion of the struggle. Every night the residents of Rukun Pakel also take turns sleeping at the post.
Again, terror and intimidation is what is obtained. The crops were burned and cleared by a group of people. In fact, Rukun Pakel village has become a victim of injustice in land control which has resulted in a deficit in land ownership by its residents. Of the total land area of Rukun Pakel village of 1,309.7 hectares, only around 321.6 hectares can be managed. This issue emerged after an analysis of the area map showed that PT Bumi Sari's HGU owned land covering an area of 271.6 hectares. Also, Perhutani KPH West Banyuwangi is 716.5 hectares.
The residents' struggle to obtain land rights has also given rise to cases that have received attention, even being reported to ATR/BPN. It seems that efforts to resolve this conflict have not received an adequate response, especially with the various uncertainties surrounding this problem.
The irony is that security forces actually carry out criminal acts. There were even arbitrary arrests of three Rukun Pakel residents, namely, Mulyadi, Suwarno and Untung, who were defending their land. This case clearly shows arbitrary actions in arrest. Where there is no assignment letter stating identity, the arrest is carried out while the pretrial process is underway. As well as the illegal determination of suspects based on statutory regulations.
Until finally, the Banyuwangi District Court sentenced Trio Pakel to 5 years and 6 months in prison. This case increasingly shows that the justice system is capable of ignoring the complex context behind protracted agrarian problems.
The panel of judges at the Banyuwangi District Court seems reluctant to look at the context of the ongoing agrarian conflict. In fact, in previous cases, the court had considered agrarian conflict as a reason to acquit the defendant. However, in the Trio Pakel case, the presumption of guilt seems to have haunted the trial process from the start.
The court decision that sentenced the trio of Pakel Village farmers also shows inconsistencies and discrepancies with the actual facts on the ground. BPN letters and BPN witness statements indicating disputes over land ownership are not considered. The court does not seem to recognize the importance of evidence that strengthens residents' claims regarding the land.
Apart from that, the neglect of the 1929 deed which was legalized by a notary is a serious note. The court should understand that considerations regarding the validity of land documents are the authority of the BPN, not criminal justice.
Wahyu Eka S from the East Java Forum for the Environment (WALHI) said the Banyuwangi District Court made a decision that invited controversy. In particular, serious questions relate to legal justice, especially in the context of the agrarian conflict that is currently burning in Rukun Pakel village. Three residents of Rukun Pakel village were sentenced on charges of spreading false news which was said to be the cause of the trouble.
“This decision feels reckless. "Especially when looking at the weak evidence and the context of the agrarian conflict that is currently haunting the village," said Wahyu.
Wahyu added that there were similar cases in the past, where the court considered agrarian conflicts as one of the reasons for acquitting the defendant. On the contrary, the panel of judges at the Banyuwangi District Court did not seem to see the context of the agrarian conflict. "This shows very real injustice in the handling of this case," he explained.
According to Wahyu, this case is clear evidence of the state's failure to understand and protect the rights of citizens who are fighting for their right to living space. The three Pakel Village farmers are not criminals, said Wahyu. Instead, they are warriors defending their land, their source of livelihood, and their heritage.
“This form of criminalization is a reflection of state failure. Unable to understand the important role the three farmers played in protecting their land. "Not because they choose, but because they have to fight for their land rights," he stressed.
The Surabaya Legal Aid Institute (LBH), Habibus, said that the panel of judges was very ignorant of evidence whose authenticity was clear. Habibus added that the panel of judges only looked at the prosecutor's construction. Assuming that the information received by Rukun Pakel residents is fake news.
"This agrarian conflict has existed since 1929 and residents already have rights to the land. What law do you want to refer to? "Even though the agrarian law is only 20 years old, this conflict is almost 100 years old," he explained.
The Panel of Judges stated that Trio Pakel was deemed not to have made any efforts. "In fact, it was the panel of judges who did not see the process of this trio of packages in seeking information about the truth," said Habibus.
“The judge's decision is very clear. It started with the arrest and trial, where the trial was filled with police and there were restrictions on citizens. So they are not allowed to enter to see the trial process directly. We are facing trial on line and only then could the ninth trial be attended. In this situation, we see that discrimination is visible before the eyes of citizens, shown by the state. Not to mention violence and intimidation during pre-trial. What is the relationship between the police entering the village? "What do you want to secure?" said Habibus.
Habibus said that there would be an appeal process regarding this sentence. He and the advocacy team who are members of several networks will continue to strive for justice for this trio of packages. "We also hope that the Rukun Pakel residents will remain solid, unified and will not stop fighting to defend their land," he concluded.
When interviewed via telephone, the Coordinator of Rukun Pakel, Harun, said that the residents were very sorry about the judge's decision against Trio Pakel. According to him, the panel of judges did not carefully consider the evidence provided by the Rukun Pakel residents and their legal representatives during the trial.
He explained that currently residents with all the advocacy networks that have joined together will appeal to the East Java District Court. The goal is to immediately release the trio and get justice. “We will not give up. The residents of Rukun Pakel will continue to fight and stand in solidarity until they are freed.” he stressed.
What Can We Conclude From the Rukun Pakel Case?
The never-ending agrarian conflict in Indonesia is a reflection of the complexity of this country's long-standing social, economic and political problems. In several cases, we can see how the state often fails to protect its people. Especially farmers and indigenous peoples, who are the most vulnerable and affected by this conflict.
Another case example in the Rendu indigenous community, East Nusa Tenggara. 24 indigenous peoples were criminalized and arrested by police for trying to protect their land; for the construction of the Lambo reservoir, which is intended for generating electricity. Since 2003 this narrative has emerged, the Rendu indigenous community has firmly rejected it. Because they think that this development is detrimental, and will submerge residential areas, public facilities and infrastructure, traditional villages and ancestral cemeteries.
From this agrarian conflict, there is inequality in land ownership, which has been the root of the problem since the Dutch colonial period. This history creates a situation where large amounts of land are controlled by a few large corporations or wealthy individuals. Meanwhile small farmers and indigenous communities continue to fight for their rights. Extortion and oppression against them has occurred for centuries, with their rights often ignored by the government.
Agrarian conflicts also reflect the state's inability to enforce the law and protect its people. Farmers are often too weak in terms of resources and access to expensive legal systems. On the other hand, more powerful parties have huge financial and political advantages. So they can often avoid accountability for their actions. This creates a continuing cycle of violence and injustice.
The state's inability to resolve agrarian conflicts also creates detrimental impacts on sustainable development and social stability. These conflicts often lead to violence, displacement and environmental destruction, which ultimately harms local communities and ecosystems. However, the people's struggle in facing agrarian conflicts is proof of persistence and courage. Also, it creates a spirit of justice that deserves to be supported and given the highest respect.
*Photo Source: Rukun Tani Sumberejo Pakel
