Agrarian Reform Priority Locations (Part-3)
Expired HGU Land of Rotorejo-Kluwuk Inc. at Blitar
Blitar – Up until today, there has not been any signs for the land, formerly assigned to Rotorejo-Kluwuk Inc. under Cultivation Right, to be redistributed. It was located in Sumberagung and Gadungan Villages of Gandusari Subdistrict, Blitar District, East Java. Though in a meeting dated April 16th, 2016, representatives of both villages, accompanied by Consortium for Agrarian Reform (KPA), has had a hearing with the Ministry of Agrarian Affairs and Spatial Planning (ATR). They were accepted by the Director of Land Reform.
The people representatives, which were all members of Kelud Makmur Peasant Community (PPKM), have already sent application letter to ask for redistribution of the land formerly managed by Rotorejo-Kruwuk Inc. under Cultivation Right. The land, which is located on an area of two villages in Gandusari Subdistrict, is currently cultivated by the villagers of both villages. In the occasion, representatives of ATR Ministry promised to visit the location and engage multistakeholders coordination on regional level.
Before the land was permitted to be used by Rotorejo-Kruwuk Inc., it was assigned under Erfpacht Right No. 26 (eds.: expired on January 8th, 1954), No. 62 (eds.: expired on February 11th, 1954), No. 84 (eds.: expired on October 13th, 1958), and No. 225 (eds.: expired on October 13th, 1958) for 842.5455 hectares of land located on Sumberagung and Gadungan villages of Gandusari Subdistrict, Blitar District. Today, the 125 hectares of land was cultivated by 321 households from both villages. Erfpacht Right was one product of Dutch colonial government included in Agrarische Wet (eds.: agrarian law of Dutch colonial government) which objective was grabbing land under people’s control, for the sake of large scale plantations under Dutch kingdom ruled in Archipelago. The owner of erfpacht right was allowed to possess land as much as they wanted in unlimited period of time.
The Cultivation Rights (HGU/Hak Guna Usaha) of Rotorejo-Kruwuk Inc. had expired on December 31st, 2009. Ever since then, the villagers started to cultivate the land. Though its Cultivation Right has been expired, the company insisted on managing the land, which was resulted in conflicts between the villagers and the company. The company even reported villagers to the police with an accusation of occupying its land. The company also attacked and destroyed people’s plants on the land on May 19th and August 29th in 2014, that has cost the villagers.
In fact, referring to the Government Regulation (PP) No. 40 article 3 point 2 and article 17, the company has already been stripped from its right upon the land. The governance of the land should has already been returned to the state. If the company insisted on managing the land, then government has any rights to take down all company’s assets, and its fares will be imposed to the company according to the PP mentioned above.
The villagers have even received legal permission to cultivate the land from the East Java Office of National Land Agency (BPN) on May 24th, 2014, which was strengthened by central BPN on April 25th in the same year. It means that all PPKM members have received permission from the competent institutions.
Considering situation and facts described above, KPA asks government to immediately perform land redistribution of the land on Sumberagung and Gadungan villages. The villagers have already cultivated the land since 2009. Therefore, according to PP No. 224 of 1961, government has an obligation to give the land to the villagers who cultivate it.
To be continued. . .