Constitution misused in land conflicts: Walhi
Constitution misused in land conflicts: Walhi
JAKARTA (JP): An article in the 1945 Constitution which
recognizes the government's right to acquire land from the people
in the interest of the public has been abused in many recent land
conflicts, the Indonesian Forum for the Environment (Walhi) says.
The government has always resorted to Article 33 of the
Constitution each time it wants to appropriate land, Arimbi
Heroepoetri, Walhi program manager for the development of
environmental laws, told The Jakarta Post on Tuesday.
The phrases "for the sake of public interest" and "in the name
of development" have been used effectively in legal battles
against people whose land the government was acquiring, Arimbi
said after a seminar on land conflict.
The seminar, organized by Walhi to mark the forum's 15th
anniversary, reviewed Article 33 of the Constitution which states
that all land and water, and the natural resources therein, are
controlled by the state for the benefit of the people.
In a paper distributed at the seminar, Walhi said this
article, while reflecting socialist ideals, has been violated in
practice because in many instances, the government hands over
control of the land to the private sector.
Walhi argued that the government's intention of encouraging
greater participation of the people in tapping the country's
natural resources should not be limited to only giving a free
hand to the private business sector to the exclusion of the rest
of the people. "People's participation is crucial in such
activities, not only in the decision-making process but also in
supervising it," it said.
Walhi cited as an example the country's massive tropical
forestry resources, which, though technically controlled by the
state, are being tapped by a handful of private companies.
It pointed out that the 579 forestry concessions have been
being parceled out to only 25 private companies.
Between 1991 and 1993, these concessionaires together earned
Rp 2.5 billion each year and only 17 percent of this money found
their way back to state coffers, while the rest went into the
pockets of the company owners, according to Walhi.
A.P. Parlindungan, a professor of law at the University of
North Sumatra in Medan, told the seminar that the government
lacked the political will to fully and consistently implement
Article 33 of the Constitution.
Parlindungan said this is reflected in the laws as well as
government regulations in relation to land ownership.
He pointed out at a 1993 decree by state minister for agrarian
affairs which even allow private developers to evict villagers
from their land under the pretext of "public interest".
He cited as an example the case of Pantai Kapuk Naga in
Tangerang, West Java, designated for the construction of a huge
marine tourism project. The private contractor that had been
assigned to the project used the "public interest" ploy to buy
virtually all the land in the area at a price it set itself.
On top of that the West Java provincial administration has
also barred residents in the area from selling their land to
parties other than the designated contractor, he said.
Pantai Kapuk Naga, covering more than 8,000 hectares, will
have apartments, hotels, housing complexes, shopping malls and
marine attractions. It is being developed by PT Pantai Kapuknaga
Indah, a subsidiary of the Salim Group. (01)