Balinese demand Tommy make good on promises

By Putu Wirata

DENPASAR, Bali (JP): Uncertainty shrouds the lives of hundreds of farmers forced to vacate their land for a megaproject under the youngest son of former president Soeharto.

They say compensation has not been forthcoming from PT Bali Pecatu Graha (BPG), headed by Hutomo "Tommy" Mandala Putra. The firm is the biggest shareholder in Pecatu Indah Resorts, a grandiose scheme including establishment of a five-star hotel, golf course, marina, recreation center, art gallery, museum and luxurious housing complex in Pecatu district.

During the launching of the Rp 13.7 trillion project in 1997, the company made numerous promises about compensation. They have proven empty, farmers claim.

Of the proposed 650-hectare area, 123.14 hectares are state- owned land cultivated by farmers for hundreds of years. The farmers applied for a land certificate to the local government for the area but it was never acknowledged.

Tommy encountered no such problems when he proposed the project in 1995. His application for a land certificate was immediately granted by then regent Ida Bagus Oka. PT BPG and its lawyer Nyoman Sukandia stated that utilization of the state-owned land would be compensated with productive land from several regions in Bali. The company also promised to give each of the farmers Rp 5 million and a 200-meter-square plot.

The agreement, made in 1995 upon the approval of Bali provincial councilors, also mentioned that no construction should begin before land compensation for the Bali administration and the monetary and land compensation were provided to the farmers.

Nevertheless, in 1996, before any compensation had been made, PT BPG already had its hands on the land certificate.

Thirty-four of the hundreds of families sought help from lawyer Wayan Sudirta. When a bulldozer from PT BPG arrived on the land, two farmers, Made Dana and Wayan Rebho, along with dozens of others, made a fence from plants to prevent land clearance. Made Dana and Wayan Rebho were arrested.

"The government is not fair. They are breaking the law," Wayan Sudirta stated firmly.

Made Dana, 55, and Wayan Rebho, 60, were sentenced by the Denpasar District Court to 10 months according to a highly ambiguous article in the Criminal Code: doing displeasing acts. After the court handed down the verdict last year, the defendants were freed because the sentence .

Since Soeharto's fall in May and the attendant turn in PT BPG's fortunes, more farmers are daring to stand up for their rights.

"Our land was taken away from us without any compensation whatsoever," said Nyoman Sujana, one of the coordinators for 200 farmers who stated their claim before the local government last month.

"Although our land has been taken away, we have not been compensated for a single cent."

Sujana also said several fellow farmers had serious problems because they had no land and nothing to farm on. "They used to be able to live well from farming or working as hard labor. Now, all that is gone."

Meanwhile, Nyoman Sukandia, PT BPG's lawyer, said: "Compensation for all the farmers has been done, except for seven, whose legal case is being handled by Wayan Sudirta."

Sujana objected: "That is all lies, there are more than seven families which have not received any compensation. Yet, they are afraid to find a lawyer who will defend their case."

Naturally, they are scared. Sources said the people face intimidation from military personnel to drop their fight.

The Armed Forces claim the accusations are untrue.

Col. Made Yasa said: "If one of my men is involved in such affairs, let it be resolved internally by us. Do not let it spread out, because we do not know if these claims are true."

More misfortune has hit the farmers. Recently, it was found that government officials claimed 17 hectares in Pecatu in 1993. The farmers who had tilled the land also came to Wayan Sudirta for legal assistance.

"There are around 400 government officials who somehow got land in Pecatu, they even managed to get land certificates," said Wayan Ariawan, an associate of Wayan Sudirta.

Among the claimants to the state-owned land is the regent of Badung, Gusti Alit Putra, the entire provincial council, the head of Kuta district, IB Manu Manuaba, and former Denpasar regent Manu Suwenda. All received land of between 400 sqm and 600 sqm.

"It is clearly not fair that those government personnel may claim state-owned land as they wish but the farmers who have been cultivating the land for hundreds of years may not," Ariawan said. "According to the law, it is the farmers who have a better claim to the land and should be prioritized to get a certificate for their land."

Badung regent Gusti Alit Putra admitted there is state-owned land in Pecatu allocated to government personnel. "Yet they all staked their claims through correct procedures, after they submitted their claim to the regent and paid the administrative fees."

The administrative fee ranges from Rp 250,000 to Rp 800,000.

"If that is all, then the farmers themselves could simply pay for it themselves," Ariawan commented.

The problem of the 17 hectares is more complicated. Although it was already certified, when PT BPG came to claim the land, it was transferred to the company.

Farmers like Nyoman Sujana and a few others, whose plots are within the 17 hectares, are now doubly confused. "We do not know against whom we should press charges. To PT BPG or to the people under the Badung government representative."

Amidst the growing confusion, Bali Governor Dewa Made Beratha suggested early this month that PT BPG halt construction, at least until it was proven to have thoroughly fulfilled all items of the treaty.

PT BPG has already constructed its golf course and arranged the landscaping of the 650 hectares.