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[WEBINAR DGBUI] Ketahanan Agraria: Mencari Solusi Mengatasi Konflik Agraria

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The webinar highlighted the pressing agrarian conflicts in Indonesia, emphasizing the need for structural reforms and effective legal frameworks to resolve ongoing violence and support local communities. Experts, including Prof. Maria Sumarjono, called for coordinated natural resource management and collaboration among academia, government, and civil society to facilitate sustainable development and safeguard indigenous rights amid rising tensions from corporate interests.

Insights

  • The webinar, organized by the UI Professor Council, highlighted the significance of addressing agrarian conflicts in Indonesia, drawing attention to the personal experiences of speakers like Prof. Dr. Maria Sumarjono, who connected the issue to her late mother and emphasized the structural nature of the violence involved.
  • The establishment of a new Infantry Battalion to protect the National Strategic Project (PSN) raised concerns about its authority and the potential negative impact on local communities, suggesting a need for careful scrutiny of military involvement in civilian matters.
  • Key discussions focused on the complexities of agrarian conflicts, including unclear legal frameworks, unequal land distribution, and overlapping ownership rights, which exacerbate social tensions, particularly in the context of large infrastructure projects.
  • Prof. Sumarjono defined agrarian conflict as a competition for land and resources, detailing how it can escalate from latent to manifest conflict and emphasizing the interconnectedness of various forms of violence, including structural and cultural violence.
  • The need for agrarian reform was strongly advocated, with calls for evidence-based policies and improved law enforcement to address land conflicts, promote sustainable development, and ensure the rights of vulnerable communities are protected.
  • The role of academia was discussed, with a call for scholars to contribute positively to conflict resolution rather than merely criticizing government actions, highlighting the importance of social benefits in academic evaluations.
  • The webinar concluded with a call for constructive dialogue among participants to collaboratively address Indonesia's agrarian challenges, emphasizing the importance of community involvement and effective governance to foster political stability and sustainable development.

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Recent questions

  • What is agrarian conflict?

    Agrarian conflict refers to disputes over land and resources, often arising from competition among various stakeholders, including local communities and corporations. These conflicts can escalate from latent tensions, which are unrecognized, to manifest disputes that are visible and often violent. The types of agrarian conflicts include value conflicts, relationship conflicts, data conflicts, interest conflicts, and structural conflicts. Structural violence is a significant aspect of agrarian conflict, stemming from unequal resource distribution and policies that favor those with stronger bargaining positions, leaving vulnerable groups unable to meet their basic needs. Understanding agrarian conflict requires recognizing its systemic nature, as it is often linked to broader socio-economic inequalities and historical injustices, particularly in regions where land rights are contested.

  • How can I resolve land disputes?

    Resolving land disputes typically involves a combination of legal, administrative, and community-based approaches. First, it is essential to gather all relevant documentation regarding land ownership, usage, and any agreements made. Engaging in dialogue with the other party can help clarify misunderstandings and potentially lead to a mutual agreement. If informal negotiations fail, seeking mediation through local authorities or community leaders can provide a structured environment for resolution. In cases where legal action is necessary, accessing qualified legal representation is crucial, as many rural communities face barriers in navigating the judicial system. Additionally, understanding the specific laws and regulations governing land use in your area, such as those related to customary rights or state land, can inform your approach to resolving disputes effectively.

  • What is structural violence?

    Structural violence refers to a form of violence that is embedded in the social structures and institutions of a society, leading to unequal access to resources and opportunities. It manifests through systemic inequalities, such as those related to class, race, and gender, which prevent certain groups from fulfilling their basic needs. In the context of agrarian conflicts, structural violence is often linked to policies that favor powerful stakeholders, such as corporations, over marginalized communities. This can result in land dispossession, economic deprivation, and social injustice, perpetuating cycles of conflict and unrest. Addressing structural violence requires comprehensive reforms that promote equity, justice, and the protection of vulnerable populations, ensuring that all individuals have the opportunity to thrive.

  • What is the role of academics in agrarian issues?

    Academics play a crucial role in addressing agrarian issues by conducting research, providing expert analysis, and contributing to policy discussions. Their insights can help illuminate the complexities of agrarian conflicts, including the historical, social, and economic factors that contribute to these disputes. By engaging with communities, policymakers, and other stakeholders, academics can facilitate constructive dialogue and promote evidence-based solutions. Additionally, their involvement in advocacy can help raise awareness of the rights of marginalized groups and the need for legal reforms. Ultimately, academics can bridge the gap between theory and practice, ensuring that their findings translate into meaningful actions that address the root causes of agrarian conflicts and promote sustainable development.

  • What is the significance of land management?

    Land management is significant because it directly impacts agricultural productivity, environmental sustainability, and social equity. Effective land management practices ensure that land resources are utilized efficiently and sustainably, balancing the needs of current and future generations. In Indonesia, where land conflicts are prevalent, proper management is essential to prevent disputes over land use and ownership. It involves planning and implementing policies that consider ecological, economic, and social factors, promoting responsible land use that benefits local communities while protecting natural resources. Additionally, good land management can enhance food security, support biodiversity, and contribute to the overall well-being of society, making it a critical component of sustainable development efforts.

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Summary

00:00

Addressing Agrarian Conflicts in Indonesia

  • The webinar begins with greetings and acknowledgments from various participants, including Mrs. Sulis and Mrs. Maria, highlighting the importance of the event despite internet connectivity issues affecting communication.
  • The speaker expresses concern over agrarian conflicts in Indonesia, drawing a personal connection to the issue by referencing their late mother and emphasizing the structural nature of the violence involved.
  • A new Infantry Battalion has been established to protect the PSN (National Strategic Project), raising questions about the authority under which it operates and the implications for local communities.
  • The webinar is organized by the UI Professor Council, focusing on agrarian resilience and solutions to agrarian conflicts, with a growing number of participants reaching 120.
  • The agenda includes presentations from several experts: Prof. Dr. Maria Sumarjono from Gajah Mada University, Prof. Dr. Gudi Mulyanto from IPB, and a professor from Andalas University, each addressing different aspects of agrarian issues.
  • Key issues discussed include unclear legal matters, unequal land distribution, and overlapping land ownership, which contribute to social conflicts and violence, particularly in the context of large infrastructure projects.
  • The speaker highlights the negative impacts of development policies, such as deforestation and loss of biodiversity, resulting from land confiscation for projects like the Benungan toll road and industrial areas.
  • The need for agrarian reform is emphasized, advocating for evidence-based policies and improved law enforcement to address land conflicts and promote sustainable development.
  • The discussion also touches on the role of academics in contributing to solutions rather than merely criticizing government actions, stressing the importance of social benefits in university assessments.
  • The webinar concludes with a call for constructive dialogue and collaboration among participants to address the complex agrarian issues facing Indonesia, aiming for positive outcomes for the community.

22:06

Agrarian Conflict and Structural Violence Insights

  • Prof. Teri was invited to moderate the event, and due to technical difficulties, the performance of the national anthem "Indonesia Raya" was skipped, with plans to sing it after the event.
  • The first speaker introduced was Prof. Dr. Maria Sumaron, a professor at Gajah Mada University, who has an extensive academic background including a bachelor's degree from Dipegoro University in 196, a master's from Method University in 1988, and a doctorate from the University of Southern California in 1988.
  • Prof. Sumaron has received multiple awards, including the Satia Badge of Loyalty for 25 years of service and the Pratama Service Star honorary certificate, and has been a member of the Indonesian Academy of Sciences since 2011.
  • The focus of Prof. Sumaron's presentation was on agrarian conflict, structural violence, and the commitment to resolving these issues, emphasizing the need for agrarian resilience to maintain sustainable agrarian activities.
  • Agrarian conflict is defined as competition for land and resources, which can escalate from latent conflict (unrecognized tension) to manifest conflict (visible disputes), with various types of conflicts including value, relationship, data, interest, and structural conflicts.
  • Structural violence is linked to agrarian conflict, arising from unequal resource distribution and policies favoring those with strong bargaining positions, which hinders vulnerable groups from fulfilling their basic needs.
  • Prof. Sumaron discussed the triangle of violence, which includes direct violence, structural violence, and cultural violence, highlighting how these forms of violence are interconnected and often perpetuated by systemic issues.
  • The presentation noted that economic inequality and one-sided policies contribute to structural violence, with a small group controlling most resources, leading to social injustice and conflict.
  • Prof. Sumaron called for a coordinated approach to natural resource management, criticizing the lack of a coordinating ministry and the overlapping regulations that lead to ongoing conflicts in sectors like forestry and mining.
  • The need for legislative reform was emphasized, including the revision of conflicting regulations and the establishment of a comprehensive land law to ensure legal certainty and address the issues raised during the discussion.

42:12

Agrarian Conflicts and Customary Law Challenges

  • There is a structural conflict in customary law management areas, where proof of de facto control is often established through certificates held by third parties, rather than by the customary law communities themselves.
  • The absence of guidelines for resolving conflicts in customary law areas is noted, although Regulation 14 of 2024 aims to provide clarity on community territory through mapping and registration of ulayat land, rather than issuing unnecessary certificates.
  • Conflicts arise from land provision for development activities, particularly under the Public Strategic Project (PSN) framework, which has expanded beyond infrastructure to various sectors, complicating land acquisition processes.
  • Law 2 of 2012 allows for the release of forest areas for development, exemplified by the 2,000 hectares in Merauk, South Papua, which are under the control of the IKN (National Capital Authority), leading to disputes over land ownership and usage.
  • Agrarian conflicts are prevalent, with a reported 608 individuals experiencing violence and criminalization in 2023, including six fatalities, highlighting the ongoing struggles between local communities and corporate interests.
  • The Presidential Decree 622 outlines conflict resolution patterns, but the slow development of implementing regulations has resulted in persistent agrarian conflicts, particularly in plantation and forest areas.
  • The conflict over Pook Manggare's traditional territory is exacerbated by geothermal energy projects, which are often pursued without Free, Prior, and Informed Consent (FPIC) from local communities, leading to violent confrontations.
  • The PSN initiative aims for food self-sufficiency through the cultivation of 1 million hectares of rice and 2 million hectares of sugar and bioethanol in Merauk, but it has sparked structural conflicts due to the displacement of existing communities.
  • There is a call for an independent commission to oversee agrarian conflict resolution, as previous promises made by President Jokowi regarding the establishment of such a body have not been fulfilled over the past 14 years.
  • The need for a task force to address agrarian conflicts and protect the rights of customary law communities is emphasized, as existing governmental structures have proven inadequate in resolving these ongoing issues.

01:01:48

Security Forces and Agrarian Conflicts in Indonesia

  • Concerns are raised about the use of security forces in PSN (Food Security Program) projects, highlighting that unofficial security measures can lead to structural violence and community unrest if not addressed properly.
  • The right to personal protection and security is enshrined in Indonesia's constitution, specifically in Article 28 B paragraph 2, which guarantees individuals' rights to safety from threats and intimidation.
  • The formation of Infantry Battalions to support the food security program is questioned, as it does not align with the military's primary responsibility of protecting national integrity and sovereignty as stated in Article 30 U45.
  • The ongoing agrarian conflicts and structural violence must be resolved to prevent negative impacts on political stability and to foster community participation in nation-building.
  • Prof. Budi Mulianto, a permanent professor in soil science at Bogor Agricultural Institute, emphasizes the importance of land management and its connection to various life aspects, including economic, ecological, and theological dimensions.
  • The relationship between land and life is underscored, with traditional views in Indonesia seeing land as a source of sustenance and protection, reinforcing its cultural significance.
  • The presentation discusses the imbalance in land use across Indonesia, noting that 190 million hectares of land are available, with Java utilizing nearly 90% of its land for cultivation, while regions like Papua utilize only 3.2%.
  • The forest area constitutes two-thirds of Indonesia's land, while only one-third is designated for other uses, raising concerns about land management and the implications for agricultural development.
  • Data from the Ministry of Forestry indicates that 31.8 million hectares of non-forested land are available for agriculture and other uses, yet issues persist regarding the administration and governance of these lands.
  • The need for effective governance and policy implementation in agrarian affairs is highlighted, as current practices contribute to ongoing agrarian conflicts and hinder agricultural development in Indonesia.

01:22:23

Indonesia's Land Use Challenges and Conflicts

  • Indonesia's land distribution shows that 64% is forested, 18% is agricultural land, and food land comprises only 31.2%, indicating a significant disparity in land use compared to other agricultural countries like India, which has 60% agricultural land and 52% food production.
  • The per capita agricultural land in Indonesia is critically low, with rice fields covering only 7.4 million hectares, resulting in a rice field per capita of 0.026 and food land per capita of 0.095, the lowest among agricultural nations.
  • The Job Creation Law and Government Regulation 43 are essential for addressing overlapping land use issues, emphasizing the need for proper land management to avoid conflicts and protect affected communities, particularly indigenous groups.
  • The current designation of forest areas often disregards legal requirements, leading to conflicts over land rights and the need for proper inventory and boundary arrangements as mandated by forestry laws.
  • The government must implement an affirmative policy to clarify spatial data regarding community land use and rights, ensuring that land registration applies uniformly across Indonesia, including forest areas.
  • Indonesia has 120 million hectares of forested land, with 31.8 million hectares classified as non-forested, highlighting the need for sustainable land management practices to address food security and environmental sustainability.
  • The integration of institutional harmonization in land use is crucial for implementing a unified agrarian policy, which aims to prevent conflicts and streamline land administration across the country.
  • The case study of land conflicts in Riau province illustrates that land was often taken without community consent, leading to disputes over oil palm plantations and highlighting the need for effective conflict resolution mechanisms.
  • Research across four provinces identified two primary conflict issues: unauthorized land acquisition by companies and unfulfilled promises regarding plasma plantations, indicating systemic issues in land management practices.
  • Historical policies, including colonial-era agrarian laws, have contributed to the current conflicts by designating customary lands as forest areas without proper consultation, necessitating a reevaluation of land rights and community involvement in land use decisions.

01:43:19

Indigenous Rights and Agrarian Conflict Unresolved

  • Shifting cultivation, referred to as "shiftingtiv," is a method of rotational agriculture that has been misinterpreted in common translations, leading to misunderstandings about its practices and implications for indigenous communities.
  • The government transferred forest land to an oil palm company without consulting the indigenous community, resulting in significant opposition from local residents who were affected by this decision.
  • The Free and Prior Informed Consent (FPIC) principle, which is meant to respect the customary land rights of local communities, has not been effectively implemented by palm oil plantation companies, leading to ongoing conflicts.
  • A study analyzed 150 conflict resolution cases involving oil palm plantations across four provinces, revealing that 73% of communities preferred non-state forums for conflict resolution, while only 25% utilized state courts.
  • Bilateral negotiations between communities and palm oil companies were used in only 11% of cases, indicating a lack of engagement with formal conflict resolution mechanisms like the Roundtable on Sustainable Palm Oil (RSPO).
  • The RSPO conflict resolution forum has been utilized in 85 cases since 2015, but the outcomes often favor the companies, with only 30% of cases benefiting the local communities compared to 52.5% benefiting the companies.
  • Court decisions in 37 cases showed that most did not satisfy local communities, with many decisions favoring companies, highlighting the ineffectiveness of the judicial system from the community's perspective.
  • Access to qualified legal representation is a significant barrier for rural communities, leading to inequalities in conflict resolution processes, as corporate lawyers have better access to legal resources than indigenous residents.
  • Historical legal frameworks inherited from colonialism continue to disadvantage indigenous communities, as evidenced by the 2013 regulation that undermined a 2007 law requiring companies to allocate 20% of land for community use.
  • The agrarian conflict persists due to the government's reluctance to implement agrarian reform effectively, with only one case out of 150 studied resulting in a successful resolution for the community, emphasizing the need for systemic changes to protect indigenous rights.

02:08:20

Legal Protections for Marginalized Communities in Indonesia

  • Ahmad Sodiqi's book discusses the legal protection of small communities and the implementation of laws aimed at safeguarding human and environmental interests, particularly through his role as a judge on the Constitutional Court.
  • The concept of "double movement" is introduced, highlighting the tension between expanding market forces and counter-movements that seek to protect people and nature through protective legislation and interventions.
  • A new book by Sindu Natal, set for release in 2024, is a translation of his 1992 dissertation from Germany, emphasizing the struggles of marginalized communities against oppressive forces, which is crucial for understanding human freedom and liberation.
  • Agrarian conflicts are characterized as ongoing struggles between rural communities and concession holders, involving both direct and indirect claims over natural resources, rather than being solely about land grabbing.
  • The agrarian conflict is described as structural, chronic, and systemic in Indonesia, with root causes linked to the facilitation of concessions for capitalist companies and conflicting agrarian laws that complicate conflict resolution.
  • The Constitutional Court's decision in 2012 (case number 35) redefined indigenous peoples as legal rights holders of their customary territories, a significant change that occurred during President Jokowi's administration, leading to the recognition of customary forests.
  • As of December 30, 2016, the recognition of customary forests has been formalized, with 138 decrees issued covering over 265,000 hectares, although this is only a fraction of the estimated 28.2 million hectares of customary territories in Indonesia.
  • The process for recognizing customary forests requires regional legislation and applications to the Ministry of Forestry, but only 5% of registered customary areas have received official recognition, indicating significant gaps in the legal framework.
  • The Indonesian Huma Association reported that only 227 out of 461 necessary legal products for community rights have been issued, covering nearly 2.9 million hectares, highlighting the need for more comprehensive legal recognition and support for indigenous communities.
  • The discussion emphasizes the importance of collaboration among civil society, academics, and government bodies to address agrarian conflicts and promote effective legal reforms, suggesting that without a new collaborative approach, ongoing resistance will hinder conflict resolution.

02:28:16

Resolving Agrarian Conflicts in Indonesia

  • The implementation of agrarian reform can be expedited by following a specific pattern for resolving conflicts over state land assets (BMN and BMD), as outlined in Presidential Decree Article 47, which addresses agrarian conflicts related to these assets.
  • Agrarian conflicts involving land assets that are controlled or utilized by the community in good faith for at least 20 consecutive years can be resolved through the Tora program, which allows for the transfer of ownership rights for public interest.
  • To obtain ownership rights, individuals must secure a certificate issued by an official state agency, which involves a thorough research process to confirm good faith usage of the land.
  • If land assets are registered but lack a certificate, individuals must seek assistance from the Ombudsman to address administrative security violations, ensuring that all documents are maintained and the land is physically secured from unauthorized access.
  • Legal safeguards must be in place to address potential lawsuits, especially for assets without certificates, as competition for obtaining these certificates can arise among individuals.
  • According to Regulation 62 of 2023, particularly Article 47, once a certificate is obtained, the transfer of land rights to a third party can be completed, facilitating the separation of controlled areas for public interest.
  • The resolution of agrarian conflicts on transmigration land is coordinated by the Ministry responsible for transmigration affairs, with differentiated approaches based on whether the land has management rights or not.
  • If transmigration land lacks a management rights certificate (HPL), the regional government is responsible for resolving conflicts; if it has an HPL, the Ministry takes over the resolution process.
  • Community persistence and solidarity are crucial in advocating for land rights, especially when local governments and ministries are perceived as inactive or unresponsive to land disputes.
  • The relevance of the Tora redistribution program and the capitalist system in addressing land ownership and poverty issues in Indonesia is debated, emphasizing the need for a macroeconomic political analysis of agrarian policies since the colonial era.

02:46:58

Land Reform and Capitalism in Indonesia

  • The land reform process from years 1 to 5 revealed a shift from agrarianism to capitalism, initiated during the Karto regime with the introduction of new laws, including foreign and domestic investment laws, as well as forestry and mining laws, which facilitated Indonesia's integration into global capitalism.
  • The revival of colonial-era concessions led to significant changes in land tenure systems, resulting in local farmers losing their land and a continued integration of large companies into the global capitalist framework, raising concerns about the political economic orientation affecting small landholders.
  • A call for comprehensive studies is emphasized to understand the implications of limited agrarian reform, particularly the sectoral actions taken by the Ministry of the Environment and Forestry in response to Constitutional Court Decision Number 35 PU 10 of 2012, highlighting the need for inter-ministerial coordination to build a new political economy.
  • The discussion underscored the importance of addressing the root causes of agrarian conflict and the necessity for joint strengthening among stakeholders, not only focusing on statutory policies but also considering the derivatives and revisions of main policies to ensure effective collaboration and resolution.
  • The webinar concluded with an acknowledgment of the contributions from various professors and participants, along with an invitation to access the recorded session on YouTube for further insights, while also addressing the limitations of time that prevented all questions from being answered.
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