Land disputes disruptive, confusing in Irian Jaya
Land disputes disruptive, confusing in Irian Jaya
R.K. Nugroho, The Jakarta Post, Jayapura
One of many social conflicts in the easternmost province of
Irian Jaya is land disputes between the tribal communities and
the government.
A tribe head said that the indigenous people just wanted their
agricultural land they had inherited from their ancestors, to be
returned or be paid compensation.
The land has been "acquired" by the government "for public
purposes".
On Sept. 19 a group of Yobe and Yahim Sentani blocked the
Sentani airport in Jayapura demanding Rp 26 billion in
compensation for their 30-hectare plot used for the airport
compound.
The demand had actually been submitted two years earlier, but
the Ministry of Transportation had failed to respond.
The four-and-a-half hour protest was conducted by members of
the two tribes following a compensation payment of Rp 83 million
to a man who claimed to possess the tribal land in Sentani.
In fact, the man had only 300 square meters, instead of a
total 30 hectares claimed by the protesters.
Days later another protest was staged by Felle Sentani tribe
members, who also blocked the Sentani Airport management office,
after demands for compensation for a five-hectare plot claimed
for the airport was not acknowledged.
On Oct. 4 Sentani Airport administrator Luther Yopy handed
over Rp 300 million for plots of land located in three tribal
areas in the airport vicinity.
The Ministry of Transportation finally gave the tribes, who
originally sought Rp 75 billion, Rp 15 billion in compensation.
There was no explanation as to what tribes the money would go
to as many tribes had claimed the land.
On Sept. 20 some 100 members of the Sibi tribe blocked the
Jayapura wharf belonging to state-owned PT Pelindo, demanding Rp
75 billion in compensation for the land they claimed to own.
Gaspar Sibi, the Sibi tribe leader, said that the tribe owned
a total of 4.7 hectares of land in the area, where the office of
PT Pelindo, which manages the port, were located.
Is it a kind of blackmail?
This is not a simple question to answer.
Deputy speaker of the Irian Jaya (provincial) Legislative
Council John Ibo said that most of the land claimed by the tribe
members was previously agricultural land they had depended on to
survive.
"In the past the population was smaller than it is now. Now
that the population is bigger and the land for agricultural
purposes has been decreasing due to development projects, the
people started to claim compensation for their land."
According to John, the Dutch administration had "borrowed" the
locals' land based on the Dutch Agrarian Law issued in 1870.
"The Dutch ruler promised to return it sometime."
Meanwhile, the head of the Irian Jaya Land Agency AR Mapanding
said that in the 1960s, when Indonesia took over the ruling of
the natural resource-rich province, all the plots "borrowed" by
the Dutch colonial rulers came under the control of the
Indonesian government.
"The tribes, who previously owned the land, never received any
money for the land now fully controlled by the Indonesian
government."
Another source said that the government took over the land
based on Agrarian Law No. 5/1960.
According to the law, the state has the full right to own and
manage the land, water and air within the country's jurisdiction
for the sake of the people's prosperity and welfare.
Mapanding said the legal process would be the best way to
settle all land disputes.
"In many cases mistakes have taken place. Compensation has
been given to a man representing a certain tribe. Later, another
man claiming to represent another tribe came asking for
compensation," Mapanding said.
John Ibo said that court settlements would be a less-than-wise
option in dealing with land disputes in Irian Jaya. "Amicable or
out-of-court settlements would be the best."
Court settlement had apparently haunted the tribe members.
"It's sickening to us indigenous people to talk about law.
Legal proceedings are usually time consuming and complicated. How
could we be favored by the courts if we are against those holding
power?" a head of a tribe said.
He referred to the Ohee tribe head Henokh Hebel Ohee who had
spent almost 17 years fighting for Rp 2 billion in compensation
for 62 hectares of land in Sentani. The government has built
schools and other buildings on the land without giving any
compensation.
The Jayapura District Court ruled in his favor in 1992 and
ruled that the government pay him Rp 18.5 billion in
compensation. But a letter from then Chief Justice Soerjono
annulled the Jayapura court verdict.
It was only in July this year that the court executed its
verdict and ruled that Hebel Ohee get Rp 2 billion.