North Morowali (kpa.or.id) – The Residents of Lee Village, Upper Mori District, North Morowali Regency of Central Sulawesi along with several civil society organizations organizing mass protest in front of the Palu PTUN Office on Monday, April 20th 2019. That mass protest was organized to escort the trial and witness hearing from each parties involved on the villagers’ lawsuit toward the Rights to Cultivate permit (Hak Guna Usaha) belonged to PTPN XIV that currently known as PT. Sinergi Perkebunan Nusantara (SPN).
In their protest, the alliance consisted of Consortium for Agrarian Reform (KPA) of Central Sulawesi, YTM, HIMASOS, HIMABRIS, SMIP ST, TRPB, ADA, IPMAS, P3M, HIMAP, PITUDAYA, IMPTR, KASIMBAR AREA, GMKI and NORMARAE conveyed several demands.
The Coordinator of KPA Central Sulawesi, Noval Apek Saputra stated that this conflict added the list of the State’s bad behaviors toward the people in the villages.
“This villager’s file the lawsuit with the hope that justice will still be in the side of the people. If the court’s verdict will be in favor of the company as the defendant, then the people will lose their trust toward the Indonesian justice system,” he added.
“However, we believe that the Lee Villagers are no quitters, because the real powers are on the side of the Lee Villagers which are take control, occupy and cultivate.
Among the several demands of the masses are, First, urged the government to revoke the company’s Rights to Cultivate Permit; Second, urged the setting of status quo (establishing the peasants land ownership status); Third, requesting the government to stop the criminalization toward the Lee villagers & peasants; and Fourth, asking the government to implement the Presidential Regulation No.86/2018 on Agrarian Reform and Presidential Instruction No.8/2018 on the Moratorium and Evaluation of Palm Oil Plantation Licensing.
Starting from Land Grabbing
That currently in-conflict land is residential & cultivating areas of 128 Lee Villagers. The company acquired the HGU on 2009 with No. 20-HGU-BPN RI-2009 dated January 27th 2009 as width as 1.895 Ha. From that total width, 800 Ha are located on the villagers residential and cultivation lands.
The problem is the issuing of that HGU has never been known by the peasants. They just found out on 2014 when the company mobilized heavy machineries to perform land clearing.
Refusing to accept that, the villagers along with the village chief demanded the Regency government’s clarification while conveying their refusal of the permit. They judged that the issuing without proper procedures. Plus, this permit threatened the livestock areas, clean water sources, cemetery and village agricultural lands.
However, the North Morowali Government has even defended the issuing of that permit, which they considered as according to procedures. HGU documents has officially been signed and issued by National Land Agency (Badan Pertanahan Nasional/BPN). Meaning that according to North Morowali Regional Government, the permit is valid due to the issuing by BPN and has gone through the existing mechanism.
The peasants have organized mass protests several times by visiting the BPN Office and various relevant institutions. Even this case also has been mediated by National Human Rights Committee (Komite Nasional Hak Asasi Manusia/Komnas HAM) to organize the meeting between Regional Government, BPN, relevant institutions and village chief on September 30th 2015.
That meeting presented various recommendations. First, requesting the company party to not undergo any activity in the Lee peasants areal which has already possessed legal permits such as certificate/SKPT/SPPT/SKT and physical evidence. Second, requesting a team consisted of North Morowali Regency Government, Upper Mori District Head, Lee Village Chief and Morowali Regional Police Investigator to resolve that land grabbing problem through the peasant lands measuring based on the ownership of certificate/SKPT/SKT/SPPT and physical field evidence. Third, requesting the North Morowali Regent to sent an official letter to the National Land Agency of Indonesia (BPN RI) to reevaluate the Rights to Cultivate (HGU) permit of PTPN XIV.
In principle, the peasants and government of Lee Village refused the existence of that HGU permit issued on their region. First, due to its issuing process that did not went through the valid procedures and they acknowledged that they never submitted their lands to PT. SPN. Other than that, PT. SPN never socialized toward the Lee peasants in regards to the issuing of that HGU permit. Second, the areas designated within that HGU permit are strategic locations utilized by the peasants as agriculture, animal husbandry, water source and public cemetery lands. Third, because the Lee Village peasants don’t want their lands to be transformed to palm oil plantations, be it through plasma or even core schemes.
In this struggle, the people have chosen to pursue the legal path through PTUN on their lawsuit of the company’s HGU permit. However, in the process of this lawsuit, the company’s party still undergone land eviction activities on the lands of Lee Villagers. (Admin)
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