Farmers want ministry, LIPI to return land
P.C. Naommy, The Jakarta Post, Jakarta
Around 100 farmers from two subdistricts in Bogor demanded assistance in the reclamation of 200 hectares of ancestral land at the National Commission on Human Rights (Komnas HAM) in Central Jakarta on Monday.
Accompanied by lawyer Gatot from the Jakarta Legal Aid Institute (LBH Jakarta), farmers from Nanggewer Mekar and Cibinong subdistricts claimed that the land -- occupied by the National Institute of Science (LIPI) since 1980 -- was rightfully theirs. The delegation demanded that the Ministry of Home Affairs withdraw decree No. 70/1968 because it was under this decree that a land certificate had been issued to LIPI.
They said that according to document No. 450/261/11/2000 on land use, issued by the National Land Agency (BPN) of Bogor on Nov. 17, 2000, the land is classified as ancestral.
Sugeng Hermawan, the coordinator of the farmers delegation, said that the government should not have issued the ministerial decree in 1968 as the legal status of the land was still in dispute at that time.
He also said that LIPI had violated the Agrarian Law No. 5/1960 and Government Regulation (PP) No. 10/1961.
"There was no time limitation stipulated in the land-use certificate," said Sugeng. Under the Agrarian Law land-use permits must be renewed every 25 years.
"The certificate stated that the land was to be used in the interests of the National Research Center (now known as LIPI), from 1968. A time limitation on its usage was not indicated," said Amir Asikin Hasibuan, head of the Technical and Infrastructure Department at LIPI.
During the meeting at Komnas HAM, Abdul Karim, 82, related the history of the 200-hectares of land to the commission's member, Taheri Noor, and his staff.
"It started in 1961 when our subdistrict chief asked me to hand over my girik (land certificate) so that the land could serve the nation's interests. It turned out that they lied and used the lands for the interests of the Indonesian Communist Party (PKI)," he said.
A written statement issued by the delegation said that after the coup attempt on Sept. 30, 1965 -- which was blamed on the PKI -- the land was controlled by the Bogor Military Command. The military command accused the people of Cibinong and Nanggewer Mekar -- the rightful owners of the land -- of sympathizing with the PKI.
After political conditions became more stable, the military left the areas and gave the authority back to the chief of the Cibinong subdistrict -- the same man who had allegedly worked for the PKI in the expropriation of the land.
Knowing that his position was in danger -- and under strong pressure from the higher authorities -- the chief of the Cibinong subdistrict, along with the chief of Nanggewer Mekar subdistrict, transferred the land ownership to the state without going through the appropriate legal procedures.
Sugeng said that the transferal was illegal.
"There were no accompanying documents. So there is no proof that the land transferal was legal," he said.
Amir added that the Cibinong people may take their case to court.
"If it can be proved that the land certificate was issued outside the proper legal channels, then the law will be able to cancel it," he said.
In their attempts to reclaim their land the farmers also plan to visit the home ministry to demand that the decree be withdrawn.