POSTPONE THE RATIFICATION OF LAND BILL DRAFT, ENSURE THE INVOLVEMENT OF THE PEOPLEPASTIKAN RAKYAT TERLIBAT
Statement of Position
Coalition of Civil Society Organizations
Responding to the Development of Land Bill Draft
Jakarta, July 14th 2019
Law No. 5 of 1960 concerning the Basic Agrarian Regulations (UUPA 1960) aiming to erase the Dutch Colonial Agrarian Law and ensure that the earth, soil, water and natural resources within it are managed by the State as the people’s highest authority until its control, ownership, usage and upkeep are intended for the prosperity of the people. Therefore the land usage that are beyond the limit and monopoly by private sectors are not allowed. Social justice, prosperity of its people and agrarian resources sustainability become the main principles.
It is realized that the UUPA 1960 have just contained the basic rules of law until it is required by other derivative laws and regulations as mandated by UUPA. It is also realized that the changing times relevant to agrarian affairs and problems that arises creating the urgency of formulating specialized laws (lex specialis). Therefore, we appreciated the authority and position of Land Bill Draft toward UUPA 1960 that in its essence is to complete and perfected vital issues that has not yet arranged in UUPA 1960
Hence, the basic principles and spirit of UUPA 1960 should consistently be the foothold in formulating the contents of Land Bill Draft. Likewise with the Decree of People’s Consultative Assembly No IX of 2001 on Agrarian Reform and Natural Resources Management is vital as a reference since the sectoral issue of our overlapping and mutually contradictory rule of laws that we’re all aware of.
However, if we refer to the script of Land Bill Draft per June 22nd 2019 which is the result of the People’s Representative Council’s Work Committee Meeting for Land Draft Bill, we assessed that the substance of Land Draft bill has gone further away from the principles of agrarian and ecological justice for the continuation of the livelihood of Indonesian People. At the very least, there are several fundamental issues in the Land Bill Draft, which are:
• The People’s Land and Living Area Rights. The Land Bill Draft has not fully guaranteed the protection and fulfillment of the peasants, indigenous peoples, fisherfolk, women and the rural also urban poor’s rights also the prolongation of their living space;
• Agrarian reform and land redistribution to the people. The Land Bill Draft has not clearly and consistently willing to restructure the control, ownership, usage and management of lands and other agrarian sources that are unbalanced to become fair and balanced. The inexistence of the formula for agrarian reform to fix the inequality, resolve chronic agrarian conflicts and prospering the people. Bearing in mind that the average of Indonesian peasants are categorized as smallholder peasants (11,5 million peasant households per 2013 population census. From year to year the amount of smallholder and landless peasants has increased. Meanwhile, groups of palm oil tycoons owned and controlled 14 million hectares of lands through the issuing of Rights to Cultivate (HGU) and Location Permits. A few people, businesses and elites controlling so much lands and its assets;
• Structural agrarian conflicts resolution. The Land Bill Draft was not formulated to overcome and solve structural agrarian conflicts in the entire land sector. Even in the last 11 years (2007-2018) there has already been 2.836 agrarian conflict occurred in areas of plantation, forestry, mining, coastal marine and small islands also due to infrastructure building with the total areas of 7.572.431 Ha (KPA, 2018). There are tens of thousands of villages, hamlets, farms and plantations that are still not been excluded from the concessions of corporation. There is not even one article in this Land Bill Draft that is intended to resolve those agrarian conflicts. The establishing of Land Court for land disputes is not the solution.
• Inconsistency and contradiction. The Land Bill Draft also contained several inconsistencies and contradictions among the considerations with the contents of the Land Bill Draft, between the intention to implement agrarian reform to rearrange the agrarian structure toward fairness with new formulas relevant to Rights to Cultivate, Building Use Rights, Managing Rights and Land Bank.
• Land Rights. Process of formulating and basic issues related to land rights. Land Draft Bill must be formulated perfectly and carefully in formulating the land rights be it Ownership rights, Cultivation Rights, Building Use Rights, Usage Rights are included in management rights. Considering the rights/permits that has been issued, especially the rights and permits belonging to large corporations has been causing the infringement of citizen’s rights, giving birth to the inequality of agrarian structure, agrarian conflict, poverty until the environmental destruction.
• Recognition of indigenous territory. The Land Bill Draft has no sensitivity toward the resolution of agrarian conflicts. It controls the inauguration of communal right’s existence beginning from the proposal of Regional Government and set by the minister to organize the government’s matters within the Interior Government sector. Scheme such as this does not answer the problems existed all this time, which is that the recognition of communal right is difficult to be implemented due to its political aspects through the government’s determination deeds are not based on the proposal of the indigenous people themselves.
• Land sectoral issues. The Land Bill Draft has not yet able to answer the ego-sectoral issues in Indonesia (Forest & Non-forest). The Bill Draft are still bias and limited to the issues of lands which are cross-sectoral; land in plantations, land in forestry, land in agriculture, in coastal marine areas, smaller islands, rural & urban. There are still loads of overlapping cross sectoral issues.
• Land Bank. The Bill Draft are managing the authority of Land Bank excessively without considering the effects and overlapping of authorities between Land Bank and the ministries/institutions. It’s prone to absolute commoditization of land through Land Bank that will worsen the inequality and conflicts. It is imperative for this plan to be removed from the Land Bill Draft.
• Full of business & investments interests. This Land Bill Draft is strongly accommodating the interests of business and investments of large-scale plantations. Private monopoly, land grabbing, force-eviction, including the impunity for all large-scale businessmen are mostly arranged in the Land Bill Draft. This is portrayed strongly, through the Rights of Management by government institutions and the plan for Land Bank.
Therefore, the Land Bill Draft will not answer the problems of inequality, agrarian conflict, land grabbing, fast-pacing of agricultural land conversion, ecological destruction due to the pressure of investments. The Land Bill Draft is also potential to add the long list of land regulations and other Sectoral Laws that are overlapping and contradicting with each other.
Based on the issues above, then:
We, from the the Coalition of Civil Society Organizations views the current Land Bill Draft has not yet adequate to be legalized by the Indonesian House of Representatives. Therefore, its legalization and issuing plans must be postponed.
We also regret the formulating process of Land Bill Draft by the Working Committee/2nd Commission of the Indonesian Republic’s House of Representatives that wasn’t transparent at all with the information. We urged the Working Committee of Land Bill Draft, 2nd Commission, including the factions, political parties and government to actively and in earnestly involves the coalition of civil society organizations, the people that has been the victims of agrarian conflicts & land grabbings, the experts/academicians whom are competent and credible in the land issues and the entire relevant sectors.
Coalition of Civil Society Organizations
*People’s Organizations & NGOs united in this coalition are listed below.
Coalition of Civil Society Organizations:
• Konsorsium Pembaruan Agraria (KPA)
• Aliansi Masyarakat Adat Nusantara (AMAN)
• Aliansi Petani Indonesia (API)
• Wahana Lingkungan Hidup Indonesia (WALHI)
• Solidaritas Perempuan (SP)
• Rimbawan Muda Indonesia (RMI)
• Perkumpulan untuk Pembaharuan Hukum Berbasis Masyarakat dan Ekologis (HuMA)
• Yayasan PUSAKA
• Jaringan Kerja Pemetaan Partisipatif (JKPP)
• Badan Registrasi Wilayah Adat (BRWA)
• Sajogyo Institute (Sains)
• Indonesian Human Rights Committee for Social Justice (IHCS)
• Koalisi Rakyat untuk Keadilan Perikanan (KIARA)
• Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI)
• Bina Desa
• Lembaga Studi dan Advokasi Masyarakat (ELSAM)
• Indonesian Center for Environmental Law (ICEL)
• Serikat Petani Pasundan (SPP)
• Serikat Nelayan Indonesia (SNI)
• Badan Perjuangan Rakyat Penunggu Indonesia (BPRPI)
• Serikat Tani Indramayu (STI)
• Serikat Tani Bengkulu (STaB)
• Serikat Tani Tebo (STT-Jambi)
• Serikat Petani Sriwijaya (SPS-Sumatera Selatan)
• Forum Perjuangan Petani Batang (FPPB)
• Serikat Petani Siantar Simalungun (SPSS)
• Serikat Petani Majalengka (SPM)
• Serikat Tani Independen (SEKTI-Jember)
• Paguyuban Petani Aryo Blitar (PPAB)
• Serikat Tani Konawe Selatan (STKS-Sulawesi Tenggara)
• Serikat Petani Minahasa (SPM)
• Serikat Tani Mandiri (SETAM) Cilacap
• Himpunan Tani Masyarakat Banjarnegara (HITAMBARA)
• Organisasi Petani Jawa Tengah (ORTAJA)
• Serikat Petani Batanghari (SPB)
• Pergerakan Petani Banten (P2B)
• Rukun Tani Indonesia (RTI-Yogyakarta)
• Serikat Petani Lumajang (SPL)
• Serikat Tani Kerakyatan Sumedang (STKS)
• Forum Peduli Kebenaran dan Keadilan Sambirejo (FPKKS) Sragen
• Serikat Tani Amanat Penderitaan Rakyat (STAN AMPERA)
• Forum Persaudaraan Petani Kendal (FPPK)
• Serikat Tani Sumberklampok (STS - Bali)
Kontak Perwakilan Koalisi:
• Dewi Kartika: 081394475484
• Rukka Sombolonggi: 08121060794
• M. Nurrudin: 081334344808
• Nurhidayati: 081316101154